S.Thanigasalam v. M/S.Shree Gokulam Chit And Finance Com (P) Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.11103 of 2019 and Crl.M.P.No.5634 of 2019 S.Thanigasalam ... Petitioner Vs.

M/s.Shree Gokulam Chit & Finance Com(P) Ltd., Rep by its Authorized Agent and Legal Clerk, G.Mithunkumar

...Respondent

PRAYER:

Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order in Crl.M.P.No.1414/2019 dated 20.03.2019, passed by the learned Principal District and Sessions Judge at Thiruvallur as far as the payment of deposit of 20% of the compensation amount alone is considered.

For Petitioner : Mr.S.Namo Nararyanan

ORDER

The Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside the order in Crl.M.P.No.1414/2019 dated 20.03.2019, passed by the learned Principal District and Sessions Judge at Thiruvallur as far as the payment of deposit of 20% of the compensation amount alone is considered. 2.The learned counsel appearing for the petitioner would submit that the sentence imposed on the petitioner was suspended till 23.10.2018. As against the judgment and conviction and sentence, the petitioner preferred a Criminal Appeal in C.A.No.38 of 2019 before the learned Principal District and Sessions Judge at Tiruvallur, which was allowed and the sentence was suspended on condition in Crl.M.P.No.1414 of 2019 dated 20.03.2019 directed the petitioner to deposit 20% of the compensation amount awarded by the Trial Court within a period of one month and in the event of default the suspension of sentence shall stand dismissed automatically. Hence, prays for setting aside the order passed by the first appellate court as far as the payment of deposit of 20% of the compensation amount alone.

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3.It is seen from the records that the condition imposed in Crl.M.P.No.1414/2019 dated 20.03.2019 by the learned Principal District Cum Sessions Judge, Tiruvallur is not complied with by the petitioner till date. Hence, this Court is not inclined to set aside the order passed by the first appellate court. In order to give one more opportunity to the petitioner, this court is inclined to extend a further time till 04.06.2019 to comply with the condition imposed by the first appellate court, failing which, the order passed by the first appellate court shall stand cancelled automatically without any further reference to the court.

4.Accordingly, this criminal original petition stands dismissed. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kas To The Principal District cum Sessions Judge, Tiruvallur.

Crl.O.P.No.11103 of 2019 RK(CO) RRS(28/05/2019) https://hcservices.ecourts.gov.in/hcservices/