D.Rajendran v. M/S.Nkc Finance Private Limited

Crl.M.P.No.8406 of 2024 in Crl.O.P.No.7393 of 2024 Crl.M.P.No.8406 of 2024 in Crl.O.P.No.7393 of 2024 Dr.G.JAYACHANDRAN,J.

The petitioner herein, being aggrieved by the dismissal order of his petition for suspension of sentence, in the matter arising under Section 138 of NI Act, is before this Court seeking intervention in the order passed by the learned Principal Sessions Judge, Chennai. 2.The learned counsel appearing for the petitioner submitted that due to inadvertence, there was one day delay in presenting the appeal and seeking suspension of sentence before the lower appellate Court, which has led to dismissal of the petition for suspension of sentence. 3.The learned counsel further submitted that the petitioner has taken a Demand Draft for a sum of Rs.3,00,000/- on 09.06.2024 and produced the original Demand Draft drawn in favour of Chief Metropolitan Magistrate Court, Chennai at Bank of Baroda, Saravanampatti Branch, Coimbatore before this Court. Dr.G.JAYACHANDRAN,J.

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Crl.M.P.No.8406 of 2024 in Crl.O.P.No.7393 of 2024

4. Considering the said fact, the order passed by the learned Principal Sessions Judge, Chennai in Crl.M.P.No.8582 of 2024 in Crl.A.No.219 of 2024, dated 18.03.2024 is set aside. The petitioner shall appear in person and produce the Demand Draft towards 20% of the compensation amount along with a petition for suspension of sentence. On such petition and satisfaction, the lower appellate Court shall suspend the sentence on any other condition deems fit and necessary. Accordingly, this petition is ordered.

21.06.2024 Crl.M.P.No.8406 of 2024 in Crl.O.P.No.7393 of 2024 2/2 https://www.mhc.tn.gov.in/judis