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Madras High CourtCRL OP/1509/2016dismissed

N. Steephan Mohandoss v. Hemathy,

2016-03-01Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.03.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.1509 of 2016 N.Steephan Mohandoss ... Petitioner Vs.

Hemathy ... Respondent Prayer :

Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to modify the condition imposed on the petitioner in Crl.M.P.No.3312 of 2015 in C.A.No.44 of 2015 dated 18.12.2015 by the Sessions Judge, Nagapattinam.

For Petitioner : Mr.S.Sarath Chandran

ORDER

The petitioner has come forward with this petition seeking to modify the condition imposed on the petitioner in Crl.M.P.No.3312 of 2015 in C.A.No.44 of 2015 dated 18.12.2015. 2.The learned counsel appearing for the petitioner would submit that when the petitioner was enlarged on suspension of sentence, he was directed to deposit a sum of Rs.15,000/- before the Trial Court towards part payment of compensation and also execute bond for a sum of Rs.10,000/- with two sureties. He further submits that the condition imposed on the petitioner to deposit a sum of Rs.15,000/- towards part payment of compensation is onerous and prays for modification of the same. 3.Considering the gravity of the offence that the cheque amount involved is Rs.5 Lakhs, this Court is of the view that the condition imposed on the petitioner to deposit a sum of Rs.15,000/- towards part payment of compensation is not onerous. Hence, this Court finds no reason to modify the condition and this petition deserves to be dismissed. Accordingly, this Criminal Original Petition is dismissed.

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4.At this juncture, the learned counsel appearing for the petitioner submits that the petitioner is willing to pay the amount. Hence, the petitioner is directed to deposit the sum of Rs.15,000/- before the Trial Court towards part payment of compensation on or before 09.03.2016.

Sd/- Asst. Registrar /true copy/ Sub Asst. Registrar.

pri To 1.The Sessions Judge, Nagapattinam

2. -do- the Prl. Sessions Judge, Mayiladuthurai.

3. The Judicial Magistrate, Fast Track Court, Mayiladuthurai. + 1 CC to Mr.S.Sarath Chandran, Advocate SR 12884 Crl.O.P.No.1509 of 2016 RSY[co] gp/7.3.

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