Madras High CourtCRL RC(MD)/527/2025disposed of

Karuppasamy v. Karuppasamy

2025-04-24Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Karuppasamy ... Petitioner Vs.

Karuppasamy ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records relating to the order dated 01.02.2025 made in Cr.M.P.No.7789 of 2024 in unregistered Criminal Appeal of 2025 on the file of the Principal Sessions Judge, Thoothukudi, and set aside the II condition.

For Petitioner : Mr.M.Iniyavan

ORDER

The Criminal Revision is directed against the condition No.(ii) imposed in Cr.M.P.No.7789 of 2024 in Unnumbered Crl.A.No. of 2025 dated 01.02.2025 on the file of the Principal Sessions Court, 1/4

Thoothukudi, wherein, the petitioner was directed to deposit 20% of the cheque amount before the trial Court on or before 03.03.2025.

2. It is evident from the records that the respondent has filed a private complaint under Section 200 Cr.P.C. against the petitioner for the offence under Section 138 of Negotiable Instruments Act and the learned Magistrate, after full-fledged trial, has passed a judgment in C.C.No.84 of 2021 dated 16.10.2024 finding the petitioner guilty for the offence under Section 138 of Negotiable Instruments Act and the petitioner was convicted and sentenced to undergo six months simple imprisonment and to pay compensation of Rs.1,50,000/-, in default, to undergo three months simple imprisonment. Challenging the said conviction judgment, the petitioner has preferred an appeal and also moved an application for suspension of sentence and the learned Principal Sessions Judge, without numbering the appeal, has taken the suspension of sentence petition in Crl.M.P.No.7789 of 2024 and while suspending the sentence, has imposed the impugned condition directing the petitioner to deposit 20% of the cheque amount.

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3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner is ready to deposit the amount as directed by the appellate Court within a short time to be stipulated by this Court.

4. Considering the facts and circumstances and also taking note of the submission made by the learned counsel appearing for the petitioner, this Court is inclined to grant time till 05.05.2025. Accordingly, the petitioner is directed to comply with the directions of the learned Principal Sessions Judge, Thoothukudi dated 01.02.2025 on or before 05.05.2025.

5. With the above direction, this Criminal Revision Case stands disposed of. No costs.

24.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm Note :Issue order copy on or before 28.04.2025 3/4

K.MURALI SHANKAR,J.

csm To 1.The Principal Sessions Judge, Thoothukudi.

2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Kovilpatti.

Order made in Dated: 24.04.2025 4/4