K.VINOTH KUMAR Vs. T.NAMMAZHVAR

JUDGEMENT

(1.) This Criminal Original Petition has been filed to direct the learned Principal District and Sessions Judge, Thoothukudi, to extend the time limit granted in Crl.M.P(MD)No.4474 of 2021 in unregistered C.A.No. of 2021 dtd. 6/12/2021 to deposit 20% of the compensation amount i.e., Rs.1,50,000.00 to the satisfaction of the Fast track Court (Magisterial Level), Kovilpatti.

(2.) The petitioner is an accused on the complaint lodged by the respondent for the offence punishable under Sec. 138 of the Negotiable Instruments Act and the same has been taken cognizance in C.C.No.4 of 2016 on the file of the learned Fast Track Court (Magisterial Level), Kovilpatti, in which, the petitioner was convicted and sentenced to undergo simple imprisonment for a period of one year and six months and also to pay a sum of Rs.7,50,000.00(Rupees Seven Lakhs and Fifty Thousand only) (Cheque amount) as compensation under Sec. 357 (3) Cr.P.C. Aggrieved by the same, the petitioner filed a Criminal Appeal and filed a petition for suspension in Crl.M.PNo.4474 of 2021. The Court below vide order dtd. 6/12/2021, suspended the sentence and imposed a condition that the petitioner shall deposit 20% of the compensation amount within a period of two months from the date of that order. However, the petitioner could not be able to comply with the same and filed the petition for extension of time before the Court below and the same was returned.

(3.) The learned counsel for the petitioner would submit that now, the petitioner arranged the funds and is ready and willing to deposit 20% of the compensation as directed by the Court below. It is seen that the Court below without even numbering the appeal, passed an order in the suspension of sentence in Crl.M.P(MD)No.4474 of 2021.