S.Hanumantha Rao v. Uco Bank,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Crl.O.P.Nos.11790 & 11336 of 2019 and Crl.M.P.Nos.5780 & 6083 of 2019

1. Nr.S.Hanumantha Rao

2. Mr.K.Srinivasa Rao ... Petitioners in Crl.O.P.No.11790 of 2019

1. M/s.Sujana Universal Industries Ltd Rep by its Managing Director 41, Nagarjuna Hills, Punjagattu, Hyderabad, Telengana - 500 082.

2. Mr.G.Srinvasa Raju ... Petitioners in Crl.O.P.No.11336 of 2019 Vs.

UCO Bank, International Banking Branch, III Floor, 328, Thambuchetty Street, Chennai - 600 001 Represented by its Chief Manager.

... Respondent in both Petitions COMMON PRAYER: Criminal Original Petitions had been filed under Section 482 of Cr.P.C, praying to set aside the order dated 15.03.2019 passed in Criminal Crl.M.P.Nos.5292 & 5293 of 2019 in C.A.Nos.99 & 100 of 2019 (on the file of the learned First Additional Sessions Judge), I/c of the Principal Sessions Court, Chennai) in C.C.No.835 of 2016 (On the file of the learned Metropolitan Magistrate, Fast Track Court IV at George Town, Chennai) to the extent of directing the Petitioners to deposit 20% of the compensation amount in exercise of the inherent powers under Section 482 of Criminal Procedure Code. For Petitioners : Mr.P.N.Vignesh (In Crl.O.P.No.11790 of 2019) M/s.Nithyaesh and Vaibhav (In Crl.O.P.No.11336 of 2019) For Respondents : Mr.R.Chandra Mohan (In both Petitions)

COMMON ORDER These Petitions have been filed to set aside the order dated 15.03.2019 passed in Crl.M.P.Nos.5292 & 5293 of 2019 in C.A.Nos.99 & 100 of 2019 (on the file of the learned First Additional Sessions Judge, I/c of the learned Principal Sessions Court, Chennai) in C.C.No.835 of 2016 (on the file of the learned Metropolitan Magistrate, Fast Track Court IV at George Town, Chennai) to the extent of directing the Petitioners to deposit 20% of the compensation amount in exercise of the inherent powers under Section 482 of Criminal Procedure Code.

2. The learned Counsel for the Petitioners seek adjournment by the first week of June.

3. The learned counsel for the Respondent herein submits that these Petitions had been filed to set aside the order in Crl.M.P.Nos.5292 & 5293 of 2019 in C.A.Nos.99 & 100 of 2019 on the file of the learned First Additional Sessions Judge I/c. Principal Sessions Judge and while granting bail in the Criminal Appeal, an amount of 1/3rd of the cheque amount was directed to be deposited against the order and suspension of sentence of imprisonment was also ordered.

4. It is the contention of the learned Counsel for the Respondent/Complainant that during the pendency of this Criminal Original Petition, the main Appeal was heard by the learned Session Judge.

5. In the light of the above, these Criminal Original Petitions stand dismissed. The learned Session Judge is directed to dispose of the case within a reasonable period of three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar kmm

To

1. The Metropolitan Magistrate, Fast Track Court IV at George Town, Chennai.

2. The I Additional Sessions Judge, I/c of the Principal Sessions Court, Chennai). 3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.R.Selvakumar, Advocate SR.No.27926 Crl.O.P.Nos.11790 & 11336 of 2019 and Crl.M.P.Nos.5780 & 6083 of 2019 RSV(CO) GN(03/06/2022)