IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 23.08.2023 CORAM THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No19266 of 2023 Philip S.Sakthivel @ P.S.Sakthievel Proprietor M/s.Capro Connections No.206-H, Casagrand Asta Korattur Chennai 600 053. .. Petitioner/Petitioner/Appellant .vs.
National Agricultural Co-operative Marketing Federation of India Ltd.,(NAFED)
Rep.by its Branch Manager No.963, Poonamallee High Road Chennai 600 084. .. Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to extend the time limit fixed for deposit of 20 percent compensation by its order dated 26.9.2022 passed in Crl.MP.No.18231 of 2022 in Crl.A.No.222 of 2022, pending disposal of the above mentioned Criminal Appeal For Petitioner : Mr.EJ.Ayyappan
ORDER
This petition has been filed seeking for extension of time to deposit 20%
of the compensation amount imposed as a condition by the Court below for granting suspension of sentence in favour of the petitioner.
2.The petitioner faced trial before the Metropolitan Magistrate FTC-IV, George Town, Chennai, for offence under Section 138 of the Negotiable Instruments Act. The trial Court by judgment dated 13.9.2022 convicted the petitioner and sentenced him to undergo one year simple imprisonment and directed the petitioner to pay compensation of a sum of 6,74,58,000/- within a period of one month.
3.Aggrieved by the said judgment, the petitioner filed an appeal before the Principal Sessions Judge, Chennai. Along with the appeal, the petitioner also filed a petition for suspension of sentence. The appellate Court by an order dated 26.9.2022 suspended the sentence by imposing certain conditions. One of the condition imposed by the appellate Court was that the petitioner should deposit 20% of the compensation amount ordered by the trial Court. The petitioner was given sixty days time to make this deposit.
4.The learned counsel for the petitioner submitted that the petitioner was not able to arrange for making this deposit due to financial constrains and therefore, the present petition has been filed seeking for extension of time. The learned counsel further submitted that the petitioner will deposit this amount within a period of four weeks from today.
5.Taking into consideration the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the petitioner to deposit 20% of the compensation amount ordered by the trial Court within a period of four weeks from today. The other conditions imposed by the appellate Court shall stand as it is. It is made clear that if the petitioner fails to deposit the amount within the time stipulated by this Court, the suspension of sentence granted in favour of the petitioner shall stand cancelled automatically without any further reference to this Court.
Post this case for reporting compliance on 21.9.2023.
23.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order kp Note: Issue order copy on 25.8.2023.
N . ANAND VENKATESH ,. J.
kp To
1.Metropolitan Magistrate FTC-IV George Town, Chennai.
2.The Principal Sessions Judge, Chennai.
3.The Public Prosecutor, High Court, Madras.
Crl.O.P No19266 of 2023 Post this case for reporting compliance on 21.9.2023.
23.08.2023
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.