Madras High CourtCRL RC(MD)/454/2025disposed of

Baby Saroja v. Prajapathi Rajesh

2025-04-08Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Baby Saroja ... Petitioner Vs.

Prajapathi Rajesh ... Respondent Prayer : This Criminal Revision Petition filed under Sections 438 r/w 442 of BNSS., to set aside and modify the condition passed in Cr.M.P.No.222 of 2024, dated 06.01.2024 in Crl.A.No.10 of 2024 on the file of the Principal Sessions Court, Thoothukudi District. For Petitioner : Mr.S.Muthu Malai Raja, For Respondent : Mr.P.S.Sundaram

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.222 of 2024 in Crl.A.No.10 of 2024, dated 06.01.2024 on the file of the Principal Sessions Court, Thoothukudi District, directing the petitioner to deposit 20% of the cheque amount, while suspending the sentence.

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2. It is evident from the records that the learned Magistrate has passed the judgment, dated 06.12.2023 finding the petitioner guilty for the offence under Section 138 of NI Act and convicted and sentenced him to undergo one year simple imprisonment and to pay a sum of Rs.34,62,500/- to the complainant as compensation under Section 357(3) of Cr.P.C.

3. Challenging the said judgment of conviction, the petitioner has preferred an appeal in Crl.A.No.10 of 2024 and also moved an application in Crl.M.P.No.222 of 2024, seeking suspension of sentence. The learned Principal Sessions Judge, Thoothukudi, has passed an order, dated 06.01.2024, suspending the sentence by imposing conditions, which includes the impugned condition, directing him to deposit 20% of cheque amount.

4.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that sufficient time may be given to comply with the order of the learned Principal Sessions Judge, Thoothukudi.

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5. Considering the above facts and circumstances and taking note of the submissions made by the learned counsel for the petitioner, the petitioner is directed to deposit the amount as directed by the learned Principal Sessions Judge, Thoothukudi, on or before 29.04.2025 before the concerned Court.

6.With the above direction, this Criminal Revision Case is disposed of.

08.04.2025 NCC :yes/No Index :yes/No Internet :yes/No das Note : Issue order copy on 16.04.2025.

To 1.The Judicial Magistrate (FTC) (Magisterial Level), Thoothukudi.

2.The Principal Sessions Judge, Thoothukudi.

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K.MURALI SHANKAR ,J.

das Dated : 08.04.2025 4/4