Ganesan v. Ganesakumar

ORDER The Criminal Revision is directed against the condition No.(i) imposed in Crl.M.P.No.994 of 2025 in Crl.A.No.21 of 2025 dated

19.03.2025 on the file of the Principal District and Sessions Court, Virudhunagar District at Srivilliputtur, wherein, the petitioner was directed to deposit Rs.3,20,000/- being 20% of the compensation amount before the trial Court within 30 days.

¶2It is evident from the records that the respondent has filed a private complaint under Section 200 Cr.P.C. against the petitioner for the offence under Section 138 of Negotiable Instruments Act and the learned Magistrate, after full-fledged trial, has passed a judgment in C.C.No.277 of 2023 dated 18.02.2025 finding the petitioner guilty for the offence under Section 138 of Negotiable Instruments Act and the petitioner was convicted and sentenced to undergo six months simple imprisonment and to pay compensation of Rs.16,00,000/-, in default, to undergo two months simple imprisonment. Challenging the said conviction judgment, the petitioner has preferred an appeal in Crl.A.No.21 of 2025 and also moved an application for suspension of sentence and the learned Principal Sessions Judge, while suspending the sentence, has imposed the impugned condition directing the petitioner to deposit Rs.3,20,000/-.

¶3The learned counsel appearing for the petitioner would mainly contend that without any basis, the impugned condition came to be imposed.

¶4On perusal of the impugned order, the learned Principal Sessions Judge, considering the materials available on record and also taking note of the judgment of the trial Court and also taking note of the submission made by the learned counsel for the petitioner that the petitioner is ready to deposit 20% of the compensation amount before trial Court, has imposed the impugned condition and as such, this Court is not inclined to interfere with the said order.

¶5At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner may be granted some more time to deposit the amount as directed by the appellate Court.

¶6Considering the facts and circumstances and also taking note of the submission made by the learned counsel appearing for the petitioner, this Court is inclined to grant time till 11.06.2025. Accordingly, the petitioner is directed to comply with the directions of the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur in Crl.M.P.No.994 of 2025 in Crl.A.No.21 of 2025 dated

19.03.2025 on or before 11.06.2025.

¶7With the above direction, this Criminal Revision Case stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

30.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm Note :Issue order copy on or before 09.05.2025 To

1.The Principal District and Sessions Judge, Virudhunagar District at Srivilliputtur.

2.The Judicial Magistrate, Aruppukottai. K.MURALIoSHANKAR,J. csm Orderomadeoin Crl.R.C.(MD)No.561oofo2025 and Crl.M.P.(MD)No.6237oofo2025 Dated:o30.04.2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)No.6237 of 2025 Ganesan ... Petitioner Vs. Ganesakumar ... Respondent PRAYER : Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the records of the suspension order dated 19.03.2025 passed in Cr.M.P.No.994 of 2025 in C.A.No.21 of 2025 on the file of the Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur and set aside the first condition to deposit a sum of Rs.3,20,000/- within 30 days by allowing this revision petition. For Petitioner : Mr.R.Maheswaran