Lakshmi Jewellers v. M.Prabhu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.13491 & 13498 of 2021 IN CRL.R.C.No.1025 of 2021 1 LAKSHMI JEWELLERS, [ PETITIONERS ] BY ITS PARTNER AND AUTHORISED SIGNATORY ASHOK KUMAR 2 ASHOK KUMAR PARTNER, LAKSHMI JEWELLERS Vs M.PRABHU [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) suspended the sentence imposed on the 2nd Petitoner in Crl.A.NO.64 of 2020 on the file of the I Additional District and Sessions Court, Coimbatore, Dated 05.01.2021 Confirming the conviction and sentence by Judgement in C.C.No.336 of 2016 on the file of Judicial Magistrate, FTC No.I (Magisterial Level) Coimbatore, dated 08.01.
2020 pending disposal of the above Crl.R.C.No.1025 of 2021. [CRL.M.P.No.13491/2021] (ii) exempt the petitioner from surrendering in Crl.A.NO.64 of 2020 on the file of the I Additional District and Sessions Court, Coimbatore, Dated 05.01.2021 Confirming the conviction and sentence by Judgement in C.C.No.336 of 2016 on the file of Judicial Magistrate, FTC No.I (Magisterial Level) Coimbatore, dated 08.01.2020 pending disposal of the above Crl.R.C.No.1025 of 2021.[CRL.M.P.No.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.B.KUMARASAMY, Advocate for the petitioner the court made the following order:- (This case has been heard through video conferencing) Learned counsel appearing for the petitioner would submit that this Court, by an order dated 23.12.2021, while suspending the sentence had directed the petitioner to deposit 50% of the cheque amount within a period of three weeks from the date of receipt of a copy of that order.
2. He would further submit that he was ready with the amount and was ready to comply with the order. Due to holidays that ensued, there was a miscommunication and since he did not receive the order copy, he was unable to comply with the conditional order. He would further submit that the petitioner is prepared to deposit the amount within one week.
3. Considering the facts and submissions made by the learned counsel for the petitioner, time granted for depositing the amount in Crl.M.P.No.13491 of 2021 vide order dated 23.12.2021 is extended by further period of one week. The petitioner shall deposit the amount of Rs.10,00,000/- on or before 08.02.2022.
4. Registry is directed to issue certified copy tomorrow and list the matter on 11.02.2022 for reporting compliance. -sd/- 31/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE IST ADDITIONAL DISTRICT AND SESSIONS COURT, COIMBATORE.
2 THE JUDICIAL MAGISTRATE, FTC, NO.I, (MAGISTERIAL LEVEL) COIMBATORE.
3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].
4 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.
C.C. to M/S B.KUMARASAMY Advocate on payment of necessary charges Order in CRL MP.13491 13498/2021 in CRL RC.1025/2021 Date :31/01/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 31/01/2022