M.Manohar v. D.Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.10615 of 2019 M.Manohar ..Petitioner/Petitioner/Appellant Vs.

D.Murugesan ..Respondent/Respondent/Respondent Prayer:Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to set aside the order to pay compensation passed by the Principal Sessions Judge, Chengalpet in Crl.M.P.No.1649 of 2019 by an order dated 02.04.2019. For Petitioner : Mr.M.Karunanithi

O R D E R

This Criminal Original Petition has been filed seeking to set aside the order dated 02.04.2019 passed in Crl.M.P.No. 1649 of 2019 by the learned Principal Sessions Judge, Chengalpet.

2. It is seen that the petitioner was convicted in the case in C.C.No.27 of 2018 by the learned Judicial Magistrate Fast Track Court, Alandur, for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and to pay a compensation of Rs.1,50,000/- to the respondent/complainant within a period of 30 days. As against the order of conviction, the petitioner filed in Crl.A.No.25 of 2019 and also filed an application for suspension of sentence in Crl.M.P.No.1649 of 2019. The first appellate Court, by an order dated 02.04.2019, suspended the sentence on condition that the petitioner shall deposit a sum of Rs.25,000/- before the trial Court, towards compensation amount within a period of one month.

3.In view of the above, this Court finds no illegality or irregularity in the order passed by the learned Principle Sessions Judge, Chengalpet, in Crl.M.P.No. 1649 of 2019 by an order dated 02.04.2019. Accordingly, this Criminal Original petition stands dismissed.

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4. However, the time granted for depositing the amount is extended till 06.06.2019 and the petitioner shall deposit a sum of Rs.25,000/- on or before 06.06.2019, failing which the order shall stand automatically cancelled.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To 1.

The Principal Sessions Judge, Chengalpet 2.

The Judicial Magistrate, Fast Track Court, Alandur.

3.

- do - through The Chief Judicial Magistrate, Chengalpet.

4.

The Public Prosecutor, High Court, Madras.

+1 cc to Mr.M.Karunanithi, Advocate, S.R.No.39392 Crl.O.P.No.10615 of 2019 SVI(CO) SSM(28/05/2019).

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