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Madras High CourtCRL OP(MD)/14755/2025disposed of

Deepak Kumar Doss v. M/S.Bhuvaneshwari Textiles Pvt Ltd

2025-09-08Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14755 of 2025 Deepak Kumar Doss ... Petitioner/Accused Vs.

M/s.Bhuvaneshwari Textiles Pvt Ltd., By its Chairman @ Managing Director, R.R.Arvind, by its Power Agent & Account Officer, Thangapandi.

... Respondent/Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to set aside the order passed in the docket order dated 07.08.2025 in Crl. M.P.No.1547 of 2025 passed by the Principal District and Sessions Judge, Dindigul.

For Petitioner : Mr.R.Maheswaran

ORDER

This Criminal Original Petition is filed challenging the order of the learned Principal District and Sessions Judge, Dindigul in Crl.M.P.No.1547 of 2025 dated 07.08.2025 in not entertaining an application for suspension of 1/4

sentence, since the petitioner had not surrendered before the learned Magistrate.

2. The learned counsel for the petitioner would submit that the petitioner is a resident of Kolkata; that he was convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced to six months simple imprisonment with a further direction to pay compensation of Rs.37,48,000/-; and that he could not be present on the date of judgment and hence, a warrant was issued. The learned counsel would further submit that the petitioner is willing to appear before the learned Magistrate and seek recall of warrant.

3. In view of the above undertaking given by the learned counsel for the petitioner, this Criminal Original Petition is disposed of with a direction to the petitioner to appear before the learned Magistrate and seek recall of warrant and thereafter, approach the Sessions Court for suspension of sentence. The learned Sessions Judge may thereafter consider the same in accordance with law.

08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 2/4

To The Principal District and Sessions Court, Dindigul.

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SUNDER MOHAN, J.

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