Madras High CourtCRL RC(MD)/66/2025disposed of

Pauldhas v. Wilson D. Doss

2025-02-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2025

CORAM

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

Wilson D.Doss ... Respondent PRAYER : Criminal Revision Petition filed under Section 438 r/w 442 BNSS, to call for the records and set aside the order passed in Crl.M.P.No.2013 of 2024, dated 03.06.2024, in Criminal Appeal No.53 of 2024 on the file of the learned Principal Sessions and District Judge, Kanyakumari at Nagercoil in respect of the condition imposed on the petitioner to deposit 20% of the compensation amount Rs.40,000/- by allowing this criminal revision petition.

For Petitioner : Mr.T.Wins For Respondent : Mr.J.John Jayakumar

ORDER

The Criminal Revision is directed against the condition imposed 1/4

while suspending the sentence of imprisonment in Crl.M.P.No.2013 of 2024 in Crl.A.No.53 of 2024 dated 03.06.2024 by the learned Principal Sessions Judge, Kanyakumari, wherein, the petitioner was directed to deposit 20% of the total compensation amount imposed by the trial Court i.e., Rs.40,000/- on or before 03.07.2024.

2. It is evident from the records that the petitioner has been convicted for the alleged offence under Section 138 of Negotiable Instruments Act and sentenced to undergo one year simple imprisonment and to pay compensation of Rs.2,00,000/- vide judgment dated 01.02.2024 in S.T.C.No.82 of 2018. The petitioner has preferred an appeal and also moved for suspension of sentence and the learned Principal Sessions Judge has suspended the sentence by imposing the impugned condition. It is further evident that since the petitioner has not complied with the direction, suspension of sentence petition came to be dismissed on 04.07.2024.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner may be given sufficient time to comply with the order of the learned 2/4

Appellate Judge.

4. Considering the above facts and circumstances and taking note of the submissions made on either side, the petitioner is directed to deposit the amount as directed by the learned Principal Sessions Judge, Kanyakumari, on or before 19.02.2025.

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

06.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm Note : Issue order copy on or before 12.02.2025 To 1.The Principal Sessions and District Judge, Kanyakumari at Nagercoil.

2.The Judicial Magistrate, Fast Track Court, Eraniel.

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 06.02.2025 4/4