Janani Garments v. Iswari Spinning Mills

Crl.O.P.No.10027 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.10027 of 2024 1.M/s.Janani Garments, C.Gunasekaran, Proprietor of Janani Garments, No.5/38, Sakthi Theatre Road, Tiruppur-641 603 2.C.Gunasekaran ... Petitioner Vs.

M/s.Iswari Spinning Mills, P.Senthil Kumar, Proprietor of Iswari Spinning Mills, Rep.by its Power of Attorney C.Muthukumar, Sullermbu Post, Aathur Taluk, Dindigul.

... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the order passed in Crl.M.P.No.1 of 2024 in C.A.No.53 of 2024 by the learned Principal Sessions Judge, Tiruppur dated 21.02.2024.

For Petitioner : Mr.K.Hemanathan

O R D E R

The petitioner herein has failed to appear before the Court on the date of judgment suffers conviction of six months Simple Imprisonment and compensation of Rs.1,61,546/-.

https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.10027 of 2024 Dr.G.JAYACHANDRAN,J.

rpl 2.

Against the judgment of conviction, he has preferred appeal before the Principal Sessions Judge, Tiruppur along with appeal he also moved an application for suspension of sentence without surrenderring himself before the Court. The lower appellate Court dismissed the application for suspension of sentence recording the reason that absconding convict cannot as a matter of right seeking suspension of sentence without submitting himself to the law. Hence this Court finds no error in the judgment of the Court below. This Criminal Original Petition is dismissed accordingly.

25.04.2024 Index : Yes/No rpl To The Principal Sessions Judge, Tiruppur Crl.O.P.No.10027 of 2024 https://www.mhc.tn.gov.in/judis 2/2