Navin Ads v. M/S.Rajasthan Patrika Private Limited, Rep. By Is
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.02.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CRL.O.P No.2363 of 2024 Navin Ads Rep. by its Proprietor Mr.Navin M.Jain No.376, 2nd Floor, Chandan Complex, Mint Street, Chennai - 600 079.
...Petitioner
Vs.
Rajasthan Patrika Private Limited Rep. by its Senior Branch Manager: Jose.P Office at Suite No.2-A First Floor, Wellingdon Estate, No.53, Ethiraj Salai, Chennai - 600 008
...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the order dated 04.01.2024 passed in Crl.M.P.No.503 of 2024 in Crl.A.No.12 of 2024 on the file of the Principal Session Court, Chennai and suspend the sentence of the petitioner in C.C.No.3977 of 2020 on the file of the Fast Track Court No.2, Egmore at Allikulam, Chennai till the disposal of the Crl.A.No.12 of 2024 on the file of the Principal Session Court, Chennai and thus render justice. 1/6
For Petitioner : Mr.A.Arvind Kumar
ORDER
This criminal original petition has been filed challenging the order passed by the Court below in Crl.M.P.No.503 of 2024, dated 04.01.2024, dismissing the application filed by the petitioner seeking for suspension of sentence pending the appeal in Crl.A.No.12 of 2024.
2.This Court has carefully considered the submissions made by the learned counsel for the petitioner and the materials available on record. 3.The petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act by the learned Metropolitan Magistrate, Fast TrackII, Egmore by judgment dated 27.11.2023. The petitioner was sentenced to undergo six months simple imprisonment and to pay a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as compensation and in default to undergo two months simple imprisonment. The Trial Court suspended the sentence till 26.12.2023.
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4.The petitioner aggrieved by the judgment passed by the Trial Court filed an appeal before the Court below in Crl.A.No.12 of 2024. Along with this appeal, the petitioner also filed an application for suspension of sentence. The Court below declined to entertain this application on the ground that the period for which the sentence was suspended by the Trial Court had expired. Therefore, the Court below refused to entertain the application for suspension of sentence. Aggrieved by this order, the present criminal original petition has been filed before this Court.
5.Taking into consideration the facts and circumstances of the case, this criminal original petition is disposed of with the following directions: (a)The petitioner is directed to surrender before the IVth Additional Sessions Judge, City Civil Court, Chennai on or before 14.02.2024 and file a bail application.
(b)The IVth Additional Sessions Judge, City Civil Court shall grant interim bail to the petitioner subject to the condition that the petitioner deposits 20% of the compensation amount within a period of 60 days thereafter. 3/6
(c)If the petitioner deposits the compensation amount within the time frame fixed by the Court below, the bail order shall be made absolute by imposing necessary conditions, and (d)If the petitioner fails to deposit the compensation amount within the time frame fixed, the Court below shall cancel the interim bail and secure the petitioner to undergo the sentence.
08.02.2024 Index: Yes/No (1/4) Speaking order/Non-speaking Order ssr Note:Issue Order Copy on 09.02.2024 4/6
To 1.The Principal Session Court, Chennai.
2.The Fast Track Court No.2, Egmore at Allikulam, Chennai. 3.The IVth Additional Sessions Judge, City Civil Court, Chennai. 4.The Public Prosecutor, High Court, Madras.
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N.ANAND VENKATESH, J ssr CRL.O.P No.2363 of 2024 08.02.2024 (1/4) 6/6