T.M . Suresh Kumar v. M.Varadhan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.144 of 2024 T.M.Suresh Kumar ... Petitioner Vs.

M.Varadhan

...Respondent

PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to extend the time for enabling the petitioner to comply the condition imposed in Crl.M.P.No.1 of 2023 in Crl.A.No.112 of 2023 by order dated 05.12.2023 passed by the Principal Judge of Kancheepuram District at Chengalpattu. For Petitioner : Mr.R.Thirumoorthy

O R D E R

This petition has been filed seeking for extension of time to deposit 20% of the compensation amount imposed as a condition by the Court below for granting suspension of sentence in favour of the petitioner. 1/4

2.The petitioner faced trial before the Judicial Magistrate No.I, Chengalpattu, for an offence under Section 138 of the Negotiable Instruments Act. The trial Court by judgment dated 30.10.2023 convicted the petitioner and sentenced him to undergo 24 months simple imprisonment and directed the petitioner to pay compensation of a sum of Rs.35,00,000/- within a period of one month. 3.Aggrieved by the said judgment, the petitioner filed an appeal before the Principal Sessions Judge, Kancheepuram at Chengalpattu. Along with the appeal, the petitioner also filed a petition for suspension of sentence. The appellate Court by an order dated 05.12.2023 suspended the sentence by imposing certain conditions.

One of the conditions imposed by the appellate Court was that the petitioner should deposit 20% of the compensation amount ordered by the trial Court. 4.The learned counsel for the petitioner submitted that the petitioner was not able to arrange for making this deposit due to financial constraints and therefore, the present petition has been filed seeking for extension of time. The learned counsel further submitted that the petitioner will deposit this amount within a period of four week from today.

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5.Taking into consideration the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the petitioner to deposit 20% of the compensation amount ordered by the trial Court within a period of four week from today. The other conditions imposed by the appellate Court shall stand as it is. It is made clear that if the petitioner fails to deposit the amount within the time stipulated by this Court, the suspension of sentence granted in favour of the petitioner shall stand cancelled automatically without any further reference to this Court. 05.01.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr Note: Issue Order Copy on 08.01.2024 To 1.The Principal Judge of Kancheepuram District at Chengalpattu. 2.The Public Prosecutor, High Court, Madras.

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N.ANAND VENKATESH, J ssr Crl.O.P.No.144 of 2024 05.01.2024 4/4