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Madras High CourtCRL MP/10760/2024dismissed

Shanthilal Betala v. M/S.Paceman Finance India (P) Ltd,

2024-07-31Honourable Mr Justice M.Dhandapani2 pages

Crl.M.P.No.10760 of 2024 in Crl.R.C.No.663 of 2024 M.DHANDAPANI, J.

This Court, vide order dated 08.04.2024 made in Crl.M.P.No.6244 of 2024 in Crl.R.C.No.663 of 2024, had suspended the sentence imposed on the petitioner on condition that the petitioner shall deposit 50% of the fine amount to the credit of C.C.No.8558 of 2018 within a period of four weeks from the date of receipt of the order. This petition has been filed by the petitioner seeking modification of the said condition.

2. Heard the learned counsel appearing for the petitioner.

3. Though the petitioner has come up with the present miscellaneous petition seeking modification of the condition imposed in para No.5 of the order of this Court dated 08.04.2024 made in Crl.M.P.No.6244 of 2024 in Crl.R.C.No.663 of 2024 on the ground that he is unable to mobilise the funds to comply with the condition imposed by this Court, however, a perusal of the said order reveals that, this Court had directed the petitioner to deposit 50% of the fine amount before the trial court and the said condition was imposed by this Court, after careful perusal of the material documents placed before it and the payment of amount as ordered by this Court is just and reasonable and the same does not warrants any modification.

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M.DHANDAPANI, J.

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4. Hence, this Court is not inclined to modify the condition imposed by this Court, vide order dated 08.04.2024 made in Crl.M.P.No.6244 of 2024 in Crl.R.C.No.663 of 2024 and accordingly, this Criminal miscellaneous petition stands dismissed.

5. However, the petitioner is directed to comply with the above said condition imposed by this court, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that no further extension of time will be granted and if the petitioner fails to deposit the said amount, the order of suspension of sentence already granted shall stand automatically vacated.

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