Rajendran 41 Years v. P.Harikrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Crl.O.P.No.8051 of 2016 Rajendran ...

Petitioner Vs.

P.Harikrishnan ...

Respondent Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to modify the condition to deposit a sum of Rs.60,000/- in such a manner to pay a cum of Rs.5,000/- into the credit of CC.No.1786 of 2013 on the file of the learned IV Fast Track Court, George Town, Chennai, on or before 22.04.2016 passed in Crl.M.P.No.66 of 2016 in unnumbered C.A.No./2016, dated 31.03.2016 on the file of the learned Principal and Sessions Judge, Chennai.

For Petitioner :Ms.L.Srileka

O R D E R

This petition has been filed to modify the condition to deposit a sum of Rs.60,000/-, in such a manner to pay a sum of Rs.5,000/- to the credit of C.C.No.1786 of 2013 on the file of the learned IV Fast Track Court, George Town, Chennai, on or before 22.04.2016 passed in Crl.M.P.No.66 of 2016 in unnumbered C.A.No./2016, dated 31.03.2016 on the file of the learned Principal and Sessions Judge, Chennai.

2.The learned counsel appearing for the petitioner submitted that the petitioner was convicted and sentenced to undergo simple imprisonment for one year and directed to pay the cheque amount of Rs.6,00,000/- as compensation, as per order dated 16.10.2015 and sent to the Prison. Thereafter, he filed an appeal with the delay of 25 days before the appellate Court and while allowing the appeal, the appellate Court has ordered to deposit a sum of Rs.60,000/- to the credit of C.C.No.1786 of 2013 on the file of the learned IV Fast Track Court, George Town, Chennai, on or before 22.04.2016. Challenging the same, the present petition has been filed.

3.Considering the submissions made by the learned counsel appearing for the petitioner that though the trial Court has passed an order on 16.10.2015 in CC.No.1786 of 2013, after his https://hcservices.ecourts.gov.in/hcservices/

arrest, the petitioner has filed an appeal with the delay of 25 days and the compensation amount of Rs.6,00,000/- was not deposited before the trial Court, the appellate Court has rightly directed the petitioner to deposit 10% of the compensation amount to the credit of C.C.No.1786 of 2013 on the file of the learned IV Fast Track Court, George Town, Chennai. Hence, I do not find any reason to interfere with the finding of the appellate Court dated 31.03.2016 in Crl.M.P.No.66 of 2016 and it deserves to be dismissed.

Accordingly, this Criminal Original Petition is dismissed. mps s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To 1.The Principal and Sessions Judge, Chennai.

2.The IV Fast Track Court, George Town, Chennai.

3.The Public Prosecutor, Madras High Court, Madras.

vgi(co) prk5/5 Crl.O.P.No.8051 of 2016 https://hcservices.ecourts.gov.in/hcservices/