Madras High CourtCRL OP/6199/2025disposed of

R.Guru Shadraque v. K.Vasantharaj

2025-03-05Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Guru Shadraque ... Petitioner Vs K.Vasantharaj ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to modify the condition imposed in Crl.M.P.No.3168 of 2024 in Crl.A.No.89 of 2024 dated 24.10.2024 on the file of Principal District and Sessions Judge, Chengalpattu.

For Petitioner : Mr.J.Jawahar

ORDER

This Criminal Original Petition has been filed seeking direction to modify the condition imposed in Crl.M.P.No.3168 of 2024 in Crl.A.No.89 of 2024 dated 24.10.2024 on the file of Principal District and Sessions Judge, Chengalpattu.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in C.C.No.102 of 2021. After fulfledged Trial, the Trial Court convicted the petitioner and sentenced him to undergo one year simple imprisonment and also to pay a compensation to the tune of cheque amount. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.89 of 2024 along with an application for suspension of sentence in Crl.M.P.No.3168 of 2023. The Appellate Court, by an order dated 24.10.2024 suspended the sentence, on condition that the petitioner shall deposit 20% of the cheque amount, within a period of one month from the date of the order. Subsequently, the petitioner filed a modification petition in Crl.M.P.No.3446 of 2024. By an order dated 14.11.2024, the condition was modified to the effect that the petitioner is directed to deposit 10% of the cheque amount, within a period of one month and remaining amount has to be deposited within a period of two months thereafter.

4. Now, once again the petitioner has filed this petition before this Court. Though this Court finds no grounds to modify the order passed by the appellate Court, the time fixed by the Appellate Court is hereby extended till 14.03.2025.

5. With the above directions, this Criminal Original Petition stands disposed of.

05.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Public Prosecutor, High Court, Madras.

05.03.2025