Madras High CourtCRL MP(MD)/116/2023relaxed

Santhanam v. Chinnai Ponnusamy

2023-01-05Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.116 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.116 of 2023 AND CRL RC(MD).175 OF 2020 SANTHANAM ... PETITIONER/PETITIONER/ APPELLANT/ACCUSED CHINNAI PONNUSAMY ... RESPONDENT/RESPONDENT/ RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed by this Hon'ble Court in the Crl.MP(MD)No.1519/2020 dt.19/2/2020 on the above main Crl.RC(MD) No.175/2020 of signing daily at the Hon'ble Judicial Magistrate No.2, Court, Kumbakonam till further orders by this Hon'ble Court. Prayer in CRL MP(MD). 1519/ 2020 :

To suspend the sentence passed in order dated 09/07/2019 passed in C.A.No.32 of 2018 on the file of the Additional District and Sessions Judge(FTC) Kumbakonam, Confirming the order dated 11/06/2018 passed in S.T.C.NO.3287 of 2012 on the file of the Judicial Magistrate No.2, Kumbakonam thereby convicting the petitioner u/s 138 of Negotiable Instruments Act and sentenced the petitioner to undergo simple imprisonment for a period of two year and also ordered the petitioner to pay compensation of Rs.5,00,000/- to the respondent/complainant.

Prayer in CRL RC(MD). 175/ 2020 :

To call for records with respect to the order dated 09/07/2019 passed in C.A.No.62 of 2018 on the file of the Additional District and Sessions Judge(FTC) Kumbakonam, Confirming the order dated 11/06/2018 passed in S.T.C.NO.3287 of 2012 on the file of the Judicial Magistrate No.2, Kumbakonam thereby convicting the petitioner u/s 138 of Negotiable Instruments Act and sentenced the petitioner to undergo simple imprisonment for a period of two year and also ordered the petitioner to pay compensation of Rs.5,00,000/- to the respondent/complainant.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.PRAKASH R, Advocate for the petitioner and of Mr.K.GUHAN, Advocate for Respondent the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.116 of 2023 This petition has been filed to relax the condition imposed on the petitioner in Crl.M.P.(MD)No.1519 of 2020 in Crl.R.C.(MD) No.175 of 2020 on 19.02.2020.

2. The learned counsel for the petitioner submitted that the petitioner has been complying with the condition regularly and he prayed for relaxation of the said condition.

3.The learned Additional Public Prosecutor submitted that the petitioner has been complying with the condition regularly. 4.Taking into consideration of the submissions made by both the counsels, the condition imposed by this court in Crl.M.P.(MD)No.1519 of 2020 in Crl.R.C.(MD) No.175 of 2020 on 19.02.2020 is relaxed and the petitioner shall report before the respondent police as and when required for interrogation.

sd/- 05/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FTC,KUMBAKONAM.

2 THE JUDICIAL MAGISTRATE, NO.II, KUMBAKONAM.

3 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

+1 CC to M/s.PRAKASH R, Advocate ( SR-347[I] dated 06/01/2023 )

ORDER

IN CRL MP(MD) No.116 of 2023 Date :05/01/2023 TR/BUC/SAR-II(12.01.2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2