R.Vivesh v. S.P.Ramamoorthy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Vivesh ... Petitioner Vs.

S.P.Ramamoorthy ... Respondent Prayer : This Criminal Revision Petition filed under Sections 397 r/w 401 of Cr.P.C., to set aside the condition No.(ii) directing him to deposit 20% of cheque amount before the learned Judicial Magistrate No.II, Trichy, Trichy District within 15 days from the date of receipt of copy of that order, vide order, dated 14.12.2023 passed in Cr.M.P.No.6483 of 2023 in Crl.A.No.144 of 2023 on the file of the learned II Additional District Judge, Trichy, Trichy District.

For Petitioner : Mr.C.Suresh Kannan, For Respondent : No Appearance

ORDER

The Criminal Revision is directed against the order passed in Cr.M.P.No.6483 of 2023 in Crl.A.No.144 of 2023 on the file of the learned 1/5

II Additional District Judge, Trichy, Trichy District, directing the petitioner to deposit 20% of the cheque amount, while suspending the sentence.

2. It is evident from the records that the learned Magistrate has passed the judgment, dated 31.10.2023 convicting the petitioner for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year simple imprisonment and further directing him to pay compensation of Rs.50,00,000/- in default, to undergo six months simple imprisonment.

3. Challenging the said judgment of conviction, the petitioner has preferred an appeal in Crl.A.No.144 of 2023 and also moved an application in Crl.M.P.No.6483 of 2023, seeking suspension of sentence. The learned II Additional District Judge, Trichy, has passed an order, dated 14.12.2023, suspending the sentence by imposing conditions, which includes the impugned condition, directing him to deposit 20% of cheque amount.

4. Considering the facts and circumstances of the case, the impugned condition directing him to deposit minimum amount of 20% 2/5

cannot be found fault with. The petitioner has not shown any other valid reason or ground to impugn the condition.

5.At this juncture, the learned counsel for the petitioner would submit that the petitioner may be granted sufficient time to comply with the direction.

6. 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 II Additional District Judge on or before 12.03.2025 before the concerned Court.

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

12.02.2025 NCC :yes/No Index :yes/No Internet:yes/No das 3/5

To 1.The Judicial Magistrate No.II, Trichy, Trichy District 2.The II Additional District Judge, Trichy, Trichy District.

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K.MURALI SHANKAR ,J.

das Dated : 12.02.2025 5/5