T.Prabhu @ Zion Ranjitha Prabhu vs Indravathi
2025 Latest Caselaw 3461 Mad

Madras High Court

T.Prabhu @ Zion Ranjitha Prabhu vs Indravathi on 3 March, 2025

                                                                                            Crl.R.C.(MD)No.275 of 2025

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 03.03.2025

                                                              CORAM

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                                 Crl.R.C.(MD)No.275 of 2025

                     T.Prabhu @ Zion Ranjitha Prabhu                                           ... Petitioner

                                                                   Vs.

                     Indravathi                                                               ... Respondent

                     PRAYER : Criminal Revision Petition filed under Sections 438 r/w 442
                     BNSS, to call for the records relating to the order passed in
                     Crl.M.P.No.7958 of 2024, dated 10.01.2025 passed by the learned
                     Principal Sessions Judge, Thoothukudi and set aside the same.


                                         For Petitioner           : Mr.T.A.Ebenezer


                                                     COMMON ORDER

The Criminal Revision is directed against the impugned condition

imposed on the petitioner in Cr.M.P.No.4857 of 2024, dated 09.10.2024,

wherein the petitioner was directed to deposit 20% of the cheque amount

and that since the petitioner has not complied with the conditions,

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consequently, dismissed the application for suspension of sentence in

Cr.M.P.No.7958 of 2024, vide order, dated 10.01.2025.

2. It evident from the records that the learned Magistrate, after

trial, has passed judgment dated 29.10.2024 convicting the petitioner for

the offence under Section 138 of Negotiable Instruments Act and

sentenced him to undergo six months simple imprisonment and further

directed to pay compensation of Rs.3,10,000/- to the complainant within

two months from the date of judgment, in default, to undergo three

months simple imprisonment.

3. Challenging the above said judgment of conviction, the

petitioner has preferred the appeal before the Principal Sessions Court in

unnumbered in C.A.No. ... of 2024 and also moved application for

suspension of sentence.

4.This Court is at loss to understand as to how the suspension of

sentence petition was taken up for hearing, without numbering the appeal

itself. Whatever it is, the petitioner has challenged the impugned

condition, directing him to deposit 20% of the cheque amount and

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moreover, since the petitioner has not complied with the said direction,

the learned Principal Sessions Judge recording that the petitioner has

neither deposited the amount nor executed a bond as directed by the said

Court, dismissed the petition and directed the trial Court to take

necessary steps to secure the petitioner and commit for the period of

sentence imposed by it.

5. The learned counsel appearing for the petitioner would submit

that the petitioner is ready to deposit the amount as directed by this Court

within the time to be stipulated.

6. Considering the above facts and circumstances and also taking

note of the submission made, this Court is inclined to set aside the

consequential order, dated 10.01.2025 and modify the impugned

condition in Crl.M.P.No.7958 of 2024, dated 10.12.2024 directing the

petitioner to deposit 20% of the compensation amount. Accordingly, the

consequential order dated 10.01.2025 passed by the learned Principal

Sessions Judge, Thoothukudi, is hereby set aside. The petitioner is

directed to deposit 30% of the compensation amount before the

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concerned Court, on or before 24.03.2025. In respect of other conditions,

the order of the learned Principal Sessions Judge, Thoothukudi, shall

remain unaltered.

7. With the above direction, this Criminal Revision Case is

disposed of.

                                                                                                03.03.2025
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
                     das



                     To

                     1.The Principal Sessions Judge,
                       Thoothukudi.

2.The Judicial Magistrate, Sathankulam.

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K.MURALI SHANKAR,J.

das

Order made in

Dated: 03.03.2025

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