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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. ILANTHIRAIYAN, J.
A. Shanthi – Appellant
Versus
J. Rajendran – Respondent
CRL. O.P. No. 10554 of 2023 & Crl. M.P.No. 6764 of 2023
Decided On : 05-05-2023
Section 138 of NI Act - Appeal for Suspension of Sentence - Calculation of Days
Fact of the Case:
The petitioner was convicted for an offence under Section 138 of NI Act and sentenced to six months imprisonment. The trial Court suspended the sentence till a certain date. The petitioner filed an appeal and an application to suspend the sentence with a one-day delay after the expiry of the interim suspension order, leading to the dismissal of the petition seeking suspension of sentence.
Finding of the Court:
The court set aside the order of dismissal and ordered suspension of sentence with a condition for the petitioner to deposit a sum of Rs.50,000 to the credit of the case on or before a specified date, failing which the order would stand canceled automatically. The respondent was given liberty to proceed against the petitioner in accordance with the law. The trial Court was directed to proceed with the appeal and dispose of the same on merits and in accordance with the law.
Issues: Calculation of days for filing appeal and suspension of sentence petition
Ratio Decidendi: The court considered the delay in filing the appeal and suspension of sentence petition, and upon finding that the delay was due to the petitioner's incorrect calculation of days, set aside the dismissal order and ordered suspension of sentence with a deposit condition.
Final Decision: The Criminal Original Petition was disposed of, with the direction for the trial Court to proceed with the appeal and the petitioner to comply with the deposit condition.
JUDGMENT
Prayer: Criminal Original Petition filed under Section 482 Cr.P.C., to call for the entire records of the order passed in Crl.M.P.No.9605 of 2023 in C.A.No.207 of 2023 by the Principal Sessions Judge, Chennai dated 25.04.2023 and set aside the same.
1. This petition has been filed to call for the entire records of the order passed in Crl.M.P.No.9605 of 2023 in C.A.No.207 of 2023 by the Principal Sessions Judge, Chennai dated 25.04.2023 and set aside the same.
2. Challenging the order of dismissal of the Suspension of Sentence passed in C.C.No. 1019 of 2021 vide order dated 01.03.2023 on the file of the Fast Track Magistrate-II, Egmore, Allikulam, Chennai.
3. It is seen that the petitioner is an accused on the complaint lodged by the respondent for the offence under Section 138 of NI Act. The trial Court found him guilty for the offence under Section 138 of NI Act and sentenced him to under go six months simple imprisonment. The Trial Court also suspended the sentence till 30.03.2023.
4. Aggrieved by the conviction, the petitioner herein preferred an appeal and also filed an application to suspend the sentence on 31.03.2023. There was a delay of one day viz., after expiry of interim suspension order passed by the trial Court, the petitioner filed the appeal. Therefore, the Court below dismissed the petition seeking for suspension of sentence.
5. The learned counsel for the petitioner would submit that by wrongly calculating the days, the petitioner filed an appeal with one day delay in filing the suspension of sentence petition.
6. Considering the above, the order in Crl.M.P.No.9605 of 2023 in C.A.No.207 of 2023 on the file of the Principal Sessions Judge, Chennai dated 25.04.2023 is set aside and suspension of sentence is ordered with a condition that the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand Only) to the credit of C.C.No.1019 of 2021 on the file of the Fast Track Magistrate-II, Egmore, Allikulam, Chennai on or before 29.05.2023 failing which, the order stands canceled automatically. The respondent is at liberty to proceed against the petitioner in accordance with law.
7. Accordingly, this Criminal Original Petition is disposed of. After complying the condition, the trial Court is directed to proceed with the appeal and dispose the same on merits and in accordance with law. Consequently, Crl.M.P.No.6764 of 2023 is closed.
AI
The correct calculation of days for filing appeal and suspension of sentence petition is crucial in determining the admissibility of the petition.
The Court has the discretion to impose conditions for suspension of sentence pending appeal, taking into consideration the circumstances of the case and the petitioner's ability to comply.
The court established that procedural safeguards must be adhered to in criminal proceedings, particularly the right of the accused to seek bail and the necessity of their presence during judgment pro....
The court's discretion in granting suspension of sentence and bail, considering the petitioner's absence during the judgment and the issuance of a non-bailable warrant.
Court directs Sessions Court to consider sentence suspension application on merits before main appeal hearing.
Mandatory deposit of compensation may follow exception based on circumstances, per N.I. Act.
The court maintains discretion to grant time extensions for complying with financial conditions imposed for the suspension of sentence in appeals against conviction under the Negotiable Instruments A....
Appellate court can suspend sentence under Section 389(1) Cr.P.C. without requiring surrender before functus officio trial court.
Suspension of sentence under Section 389(1) Cr.P.C. maintainable in appeal for bailable NI Act offence despite no trial court order under 389(3).
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