Uma Maheswar Rao v. M/S. Container Corporation Of India Ltd,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.08.2025

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISHKUMAR Crl.O.P.No.22335 of 2025 Uma Maheswar Rao ..... Petitioner/A2 /vs/ M/s. Container Corporation of India Ltd., (A Government of India Undertaking) Ministry of Railways, Rep. by D.Amalann, Bi,51, 1st floor, Montieth Road, Egmore, Chennai 600 018. .... Respondent/complainant PRAYER : This Criminal Original Petition has been filed under Section 482 of Cr.P.C., equivalent of 528 of BNSS to direct the learned Principal Sessions Judge, Chennai to dispose the condone delay petition in

Crl.M.P.No.3692 of 2025 in Crl.A.(Cr.)4418 of 2025. For Petitioner : Mr. M. Kruthika

ORDER

This Criminal Original Petition has been filed seeking a direction to the learned Principal sessions judge, Chennai to dispose of the application filed to condone the delay in preferring the appeal as against the conviction of simple imprisonment for one year and to pay a sum of Rs.40,12,118.52/- as compensation in a cheque complaint in CC No.4051 of 2009 on the file of the Metropolitan Magistrate, Fast Track II (Magisterial level), Egmore @ Allikulam.

2. It appears that the appeal has been filed with a delay of 105 days. When the application came before the learned Principal Sessions Judge, Chennai, on 05.08.2025, since the conviction warrant is pending against the petitioner from 18.04.2024, he was directed to surrender before the Trial Court

and thereafter move this application. The matter was posted on 21.08.2025.

3. The learned counsel for the petitioner would submit that the petitioner/A2, is willing to deposit 20% of the compensation amount. The learned counsel also sought a direction to the Trial Court to dispose of the appeal.

4. In such view of the matter, the First Appellate Court is directed decide the application filed to condone the delay in filing appeal first. Since the appeal is a statutory right, merely directing the parties to serve the sentence without giving an opportunity to hear the appeal may not be proper. Now, the appellant is also willing to deposit 20% of the compensation amount. As mandated under law, the First Appellate Cout shall direct the accused to deposit the amount and consider the suspension of sentence leniently . With the above direction, this Criminal Original Petition stands disposed of. 12.08.2025

mrp To

1. The Principal Sessions Judge, Chennai.

2. The Metropolitan Magistrate, Fast Track II,(Magisterial Level), Egmore @ Allikulam.

3. The Public Prosecutor, High Court Madras

N. SATHISHKUMAR, J.

Mrp Crl. O.P.No.22335 of 2025 12.08.2025