Madras High CourtCRL OP/8537/2024disposed of

Raja Prabhu Thirupathi v. R.E.Hariharan

2024-04-05Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN K.Raja Prabu Thirupathi, S/o.Kamaraj ... Petitioner Vs.

R.E.Hariharan, S/o.Eswaran ... Respondent Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to set aside the order dated 15.03.2024 in Crl.M.P.No.8457 of 2024 in C.A.No.214 of 2024 in C.C.No.810 of 2020 passed by Principal Sessions Court, Chennai.

For Petitioner : Mr.M.Prem Kumar

ORDER

This Criminal Original Petition is filed to set aside the order dated 15.03.2024 in Crl.M.P.No.8457 of 2024 in C.A.No.214 of 2024 in C.C.No.810 of 2020 passed by Principal Sessions Court, Chennai.

2. The petition for suspension of sentence was dismissed by the 1/4

Lower Appellate Court since it was filed after the expiry of suspension of sentence.

3. Learned counsel for the petitioner submits that there was one day delay in filing the suspension petition and the same may be condoned and the petition for suspension of sentence may be entertained and also the learned counsel submits that the petitioner is ready to pay the 20% of the compensation amount in compliance under Section 148 of the Negotiable Instruments Act, 1881.

4. Considering the submission made by the learned counsel for the petitioner, this Court permits the petitioner to file a fresh suspension of sentence petition before the Lower Appellate Court along with 20% compensation amount within a period of 7 days from today. If such an application is filed, the Lower Appellate Court shall consider the same and pass appropriate orders in accordance with law.

5. Accordingly, this Criminal Original Petition is disposed of. 2/4

05.04.2024 Index : Yes/No mp To The Principal Sessions Judge, Chennai.

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Dr.G.JAYACHANDRAN,J.

mp 05.04.2024 4/4