Maria Aquacon Private Limited vs Charles
2025 Latest Caselaw 4098 Mad

Madras High Court

Maria Aquacon Private Limited vs Charles on 18 March, 2025

                                                                                        Crl.R.C.(MD)No.344 of 2025

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 18.03.2025

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                             Crl.R.C.(MD)No.344 of 2025

                     1.Maria Aquacon Private Limited,
                       No.1, Maria Tower,
                       Main Road, Kootapuli,
                       Tirunelveli District-627127.

                     2.Joseph Fernando                                                     ... Petitioners


                                                               Vs.


                     Charles                                                               ... Respondent

                     PRAYER : Criminal Revision Case filed under Section 397 r/w 401
                     Cr.P.C., to set aside and modify the condition imposed on the second
                     petitioner shall deposit 20% of the cheque amount (i.e., Rs.36,000/-)
                     through passed in Cr.M.P.No.4485 of 2023 dated 20.07.2023 in
                     Crl.A.No.140 of 2023 on the file of the Principal Sessions Court,
                     Thoothukudi District.

                                  For Petitioners             : Mr.S.Muthu Malai Raja

                                  For Respondent              : Mr.R.Ilayaraja


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                                                                                             Crl.R.C.(MD)No.344 of 2025



                                                               ORDER

The Criminal Revision is directed against the condition imposed in

Cr.M.P.No.4485 of 2023 in Crl.A.No.140 of 2023 dated 20.07.2023 on

the file of the Principal Sessions Court, Thoothukudi, wherein, the

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

before the trial Court within one month from the date of that order.

2. It is evident from the records that the respondent has filed a

private complaint under Section 200 Cr.P.C. against the petitioners for

the offence under Section 138 of Negotiable Instruments Act and the

learned Magistrate, after full-fledged trial, has passed a judgment dated

21.11.2022 finding the petitioners guilty for the offence under Section

138 of Negotiable Instruments Act and the second petitioner was

convicted and sentenced to undergo one year simple imprisonment and to

pay compensation of Rs.2,35,000/- within one month, in default, to

undergo two months simple imprisonment. Challenging the said

conviction, the petitioners have preferred an appeal in Crl.A.No.140 of

2023 and also moved an application for suspension of sentence and the

learned Principal Sessions Judge, while suspending the sentence, has

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imposed condition directing the second petitioner to deposit 20% of the

cheque amount i.e., Rs.36,000/-.

3. When the matter is taken up for hearing today, the learned

counsel appearing for the petitioners would submit that the second

petitioner is ready to deposit the amount to be stipulated by this Court

within the time fixed by this Court.

4. The learned counsel appearing for the respondent would submit

that though the appellate Court has directed the second petitioner to

deposit Rs.36,000/-, he has not chosen to deposit the amount and already

six months lapsed.

5. Considering the above facts and circumstances and also taking

note of the submissions made on either side, the second petitioner is

directed to deposit 30% of the compensation amount on or before

01.04.2025 before the trial Court. In respect of other conditions, the

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

unaltered.

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6. With the above modification, this Criminal Revision Case is

disposed of. No costs.

                                                                                                18.03.2025
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
                     csm

Note :Issue order copy on or before 21.03.2025

To

1.The Principal Sessions Judge, Thoothukudi.

2.The Judge, Fast Track Court (Magisterial Level), Thoothukudi.

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https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/03/2025 10:51:43 am )

K.MURALI SHANKAR,J.

csm

Order made in

Dated: 18.03.2025

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