Madras High CourtCRL RC/1371/2016disposed of

D.Baskaran, Aged 55 Years v. M.Ravisekar

2016-12-14Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.12.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.1371 of 2016 D.Baskaran S/o.Late Dhanakotti ... Petitioner Vs.

M.Ravisekar S/o.Murugesa Mudaliar ... Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the order of learned Principal Sessions Judge, Kancheepuram, passed in Crl.M.P.No.3105 of 2016 in C.A.No.45 of 2016 on 25.10.2016.

For Petitioner :

Mr.D.N.Dhurgasha For Respondent :

No appearance *****

O R D E R

This revision arises against the order of learned Principal Sessions Judge, Kancheepuram, passed in Crl.M.P.No.3105 of 2016 in C.A.No.45 of 2016 on 25.10.2016.

2. Petitioner was convicted and sentenced to 2 years R.I. and was directed to pay compensation in a sum of Rs.5,00,000/- for offence u/s.138 of the Negotiable Instruments Act by learned Judicial Magistrate I, Chengalpattu, under judgment in C.C.No.130 of 2009 dated 19.09.2016. There against, petitioner preferred C.A.No.45 of 2016 on the file of learned Principal Sessions Judge, Kancheepuram. Pending appeal, petitioner moved Crl.M.P.No.3105 of 2016 seeking suspension of sentence. Appellate Court, under orders dated 25.10.2016, granted the relief of suspension of sentence subject to certain conditions. One of the conditions was to deposit a sum of Rs.1,00,000/- before the trial Court towards compensation. Challenging such order, the present revision has been filed.

3. Heard learned counsel for petitioner. There is no representation for respondent.

4. Finding onerous the condition requiring the petitioner to deposit a sum of Rs.1,00,000/- before the trial Court, this https://hcservices.ecourts.gov.in/hcservices/

Court deletes such condition. In all other aspects, the order of Appellate Court shall prevail. Learned Principal Sessions Judge, Kancheepuram, is directed to dispose of the appeal within a period of three months from the date of receipt of this order. The Criminal Revision Case is disposed of with the above direction.

- Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gm To The Principal Sessions Judge, Kancheepuram.

+2 ccs to M/s.D.N.Dhurgasha Advocate sr 72875 Crl.R.C.No.1371 of 2016 ssi(co) aa15/12/2016 https://hcservices.ecourts.gov.in/hcservices/