Dinesh R Patel v. Rengar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED and Crl.M.P.(MD) No.16389 of 2025 Dinesh R Patel S/o. Ramji K.Patel Balaji Traders 15/4461,Andavar Kovil. Muthapudayapatty Post Manapparai Trichy District 621 306.
... Petitioner vs.
Rengar S/o. Pappu No.2/42, Ponnampati Porundalur, Kulithalai Taluk Karur District ... Respondent PRAYER: Criminal Revision Case is filed under Section 438 and 442 of of BNSS, 2023, to call for the records relating to the judgment of the learned Principal District and Sessions Judge, Karur, in Crl.M.P.No.835 of 2025 in C.A.No.138 of 2025, dated 10.06.2025, against the judgment passed in STC.No.167 of 2023 on the file of the Judicial Magistrate Court No.I, Kulithalai, dated 21.03.2025 and set aside the same. For Petitioner :Mr.D.Boopal 1/6
O R D E R
Heard Mr.D.Boopal, learned counsel for the petitioner. Since the Criminal Revision Petition is disposed of at the admission stage itself and in view of the order to be passed in this regard, notice to the respondent is dispensed with.
2.This Criminal Revision Case is filed, challenging the order passed in Crl.M.P.No.835 of 2025 in C.A.No.138 of 2025, dated 10.06.2025, on the file of the Principal District and Sessions Court, Karur, by which, vide condition No.3, the petitioner was directed to deposit 25% of the compensation amount before the trial Court, within 60 days, as per 148 of the Negotiable Instruments Act, 1881. 3.Mr.D.Boopal, learned counsel for the petitioner submits that the learned Principal District and Sessions Judge, Karur, while allowing the petition for grant of suspension of sentence in Crl.M.P.No.835 of 2025 in C.A.No.138 of 2025, vide order dated 10.06.2025, had imposed certain conditions upon the petitioner. The relevant portion of the order passed in Crl.M.P.No.835 of 2025 in C.A.No.138 of 2025, dated 10.06.2025, on 2/6
the file of the Principal District and Sessions Court, Karur, is being reproduced herein below:- "In the result, the sentence of imprisonment imposed on the petitioner/appellant/accused is ordered to be suspended from this date of order on the following conditions;
1) the petitioner shall surrender before the trial Court within 15 days from the date of this order and upon such surrender the trial Court shall pass an order to recall the NBW on the same day.
2) that on his executing a bond for Rs.10,000/- with two sureties for likesum each to the satisfaction of learned Judicial Magistrate No.I, Kulithalai.
3) that the petitioner/appellant/ accused is directed to deposit 25% of the compensation amount before the trial court, within 60 days, as per 148 of N.I. Act which has been amended by Amendment Act. No. 20/2018 which came in to force w.e.f 01.09.2018;
4) that the petitioner/ appellant/accused should appear and sign before the trial court on the 1st working day of every month at 10.00 A.M and to appear on all further hearings in the appeal without fail;
5) on further condition that failing to deposit 25% of the compensation amount before the trial court within 60 3/6
days, this petition shall dismissed automatically, and
6) on further condition that failing to contest the case within 3 hearings, this petition shall stand dismissed automatically.
This petition is allowed accordingly. "
4.It was further submitted that as the petitioner was going under some financial constraints, he could not able to arrange 25% of the compensation amount within the stipulated period, as directed by the lower appellate Court, vide order, dated 10.06.2025 and the petitioner is now ready to deposit the 25% of the compensation amount as directed by the lower appellate Court, vide order dated 10.06.2025, and prays this Court to grant some time to pay the same to the credit of STC.No.167 of 2023 on the file of the Judicial Magistrate Court No.I, Kulithalai. 5.Accordingly, in view of the submission made by the learned counsel for the petitioner, this Court directs the petitioner to deposit 25% of the compensation amount, as directed by the lower appellate Court, vide order, dated 10.06.2025, to the credit of STC.No.167 of 2023 on the file of the Judicial Magistrate Court No.I, Kulithalai, within a period of 4/6
four weeks from today, without fail. On such deposit being made, the learned Principal District and Sessions Judge, Karur, is directed to decide the appeal in C.A.No.138 of 2025 in accordance with law, expeditiously without granting any unnecessary adjournment to either of the parties, unless there is any cogent reason or stay by any higher Court. 6.With the aforesaid directions, this Criminal Revision Case is finally disposed of. There shall be no order as to costs. The file is consigned to record. Consequently, connected Miscellaneous Petition is closed.
Index :Yes / No 04.11.2025 Internet :Yes / No NCC :Yes / No mm To 1.The Principal District and Sessions Judge, Karur. 2.The Judicial Magistrate, Court No.I, Kulithalai. 5/6
SHAMIM AHMED, J.
mm 04.11.2025 6/6