M/S.J.S.Central School v. S.Govindaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.M/s.J.S.Central School, Mettathur Village, Vijay Anbarasu Nagar, Ulundhurpettai, Vanavampattu, Villupuram-607 204.

2.M.Subramani The Correspondent, M/s.J.S.Central School, Mettathur Village, Vijay Anbarasu Nagar, Ulundhurpettai, Vanavampattu, Villupuram-607 204.

... Petitioners Vs.

S.Govindaraj ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order of suspension of sentence passed by the learned Principal District and Sessions Judge, Thiruvallur in Crl.M.P.No.663 of 2024 in Crl.A.No.14 of 2024 dated 06.02.2024. For Petitioners : M/s.M.P.Selvamozhi 1/4

O R D E R

The petitioner herein is the appellant before the 1st appellate Court. being aggrieved by the judgment passed in a private complaint initiated under Section 138 of Negotiable Instruments Act. When he sought for suspension of sentence before the lower appellate Court, the lower appellate Court has passed the conditional order to pay 20% of the cheque amount.

2.

Being aggrieved that he has already paid the substantial amount towards the cheque due. The petitioner wants an unconditional suspension of sentence.

3.

The learned counsel states that having paid substantial amount to the company owned by the complainant, the conditional order may be waived.

4.

However, the trial Court as well as this Court on perusing the records available finds that the alleged payment does not indicate that it towards the cheque amount. Anyhow, it is a matter for examination by the lower appellate Court. Since the trial Court has declined to accept the 2/4

said defence, this Court does not find any unreasonableness in imposition of 20% of compensation amount. Hence this Criminal Original Petition is dismissed. However, further time of 30 days is granted to comply the condition. If the 20% of the compensation amount not deposited within 30 days, the order of suspension of sentence shall stand cancelled. 08.04.2024 Index : Yes/No rpl To The Principal District and Sessions Judge, Thiruvallur. Dr.G.JAYACHANDRAN,J.

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