Madras High CourtCRL OP/11249/2024disposed of

M.Kumar v. N.D.Ravikumar

2024-05-08Honourable Mr Justice K.Kumaresh Babu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM:

THE HONOURABLE Mr. JUSTICE K.KUMARESH BABU and Crl.M.P.No.7610 of 2024 M.Kumar ... Petitioner Vs.

N.D.Ravikumar

...Respondent

Prayer: Criminal Original Petition filed 482 of the Criminal Procedure Code, 1973, to set aside and modify the condition imposed in Crl.M.P.No.7421 of 2024 in Crl.A.No.184 of 2024 dated 08.03.2024 on the file of the Principal Sessions Judge, Chennai.

For Petitioner : Mr.R.T.Vijayaraaghavan 1/4

ORDER

This Criminal Original Petition has been filed challenging the order passed by the Court below in Crl.M.P.No.7421 of 2024 in Crl.A.No.184 of 2024 dated 08.03.2024.

2. The petitioner was convicted for offence under Section 138 of the Negotiable Instruments Act by the learned Metropolitan Magistrate, FTC-III, Saidapet, Chennai dated 14.02.2024 and sentenced to undergo six months simple imprisonment and to pay the cheque amount as compensation to complainant, in default, to undergo simple imprisonment of two months. Aggrieved by the same, the petitioner filed an appeal in C.A.No.184 of 2024 on the file of the Principal Sessions Judge, Chennai along with the application seeking for suspension of sentence. The Lower Appellate Court ordered the application on condition that the petitioner shall deposit 20% of the compensation amount to the credit of C.C.No.4767 of 2016. Aggrieved by the same, the present petition has been filed before this Court. 2/4

3. Taking into consideration of the facts and circumstances of the case, this Court disposes of the present petition with the following modification:

the petitioner shall deposit 10% of the compensation amount fixed by the trial Court within a period of 60 days, to the credit of CC.No.4767 of 2016 on or before 10.06.2024.

Consequently, connected miscellaneous petition is closed. 08.05.2024 Index : Yes / No Internet : Yes / No dna To 1.The Principal Sessions Judge, Chennai.

2.The Metropolitan Magistrate, FTC-III, Saidapet, Chennai. 3/4

K.KUMARESH BABU , J.

dna and Crl.M.P.No.7610 of 2024 08.05.2024 4/4