P.K.Ravichandran v. M/S. Arulmozhi Leasings

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2025 CORAM THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR and Crl.M.P.(MD)Nos.2772, 2773, 2777, 2778, 2779 and 2780 of 2025 P.K.Ravichandran

... Petitioner in all the petitions Vs. M/s.Arulmozhi leasings represented by its working Partner R.Kathiresan

... Respondent in Crl.RC(MD)No. 269 of 2025 M/s.Ambigapathy Auto Finance represented by its working Partner R.Kathiresan

... Respondent in Crl.RC(MD)No. 270 of 2025 M/s.Karkuzazi leasings, represented by its working Partner R.Kathiresan

... Respondent in Crl.RC(MD)No. 271 of 2025 M/s.Karkuzazi Motor Finance, represented by its working Partner R.Kathiresan

... Respondent in Crl.RC(MD)No. 272 of 2025 M/s.Kavimalar Investments represented by its working Partner R.Kathiresan

... Respondent in Crl.RC(MD)No. 273 of 2025 M/s.Anjugam Investments represented by its working Partner R.Kathiresan

... Respondent in Crl.RC(MD)No. 274 of 2025

COMMON PRAYER : Criminal Revision Petition filed under Sections 438 r/w 442 BNSS, to call for the records orders passed in Crl.M.P.Nos. 1555, 1556, 1510, 1509, 1557 and 1554 of 2024 in C.A.No.212, 213, 206, 205, 214 and 211 of 2024 dated 17.12.2024 on the file of the learned Principal District and Sessions Judge, Karur and modify the condition No.(i). (in all the petitions) For Petitioner : Mr.N.Mohideen Basha

COMMON ORDER These Criminal Revisions are directed against the impugned condition No.(i) made in Crl.M.P.Nos.1555, 1556, 1510, 1509, 1557 and 1554 of 2024 in C.A.Nos.212, 213, 206, 205, 214 and 211 of 2024 dated

17.12.2024 on the file of the Principal District and Sessions Court, Karur, wherein, the petitioner was directed to deposit 25% of the compensation amount to the credit in C.C.Nos.457, 458, 455, 454, 459 and 456 of 2017 on the file of the Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur on or before 20.01.2025.

¶2It is not in dispute that the learned Magistrate, after trial, has passed judgments dated 21.10.2024 convicting the petitioner for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo 1 year simple imprisonment and further directed to pay compensation of Rs.8 lakhs, Rs.12 lakhs, Rs.9 lakhs, Rs.10 lakhs, Rs.6 lakhs and Rs.8 lakhs respectively to the complainant within one month, in default, to undergo 1 month simple imprisonment.

¶3Challenging the above said judgment of conviction, the petitioner has preferred six appeals in C.A.Nos.212, 213, 206, 205, 214 and 211 of 2024 and also moved applications for suspension of sentence and the learned Principal Sessions Judge, while suspending the sentence, has imposed the impugned condition No.(i) directing the petitioner to deposit 25% of the compensation amount in all the six applications.

¶4The learned counsel appearing for the petitioner would submit that since the orders were not complied, the learned Principal Sessions Judge has passed consequential orders dated 26.02.2025 dismissing the said applications for suspension of sentence and directed the trial Court to secure the petitioner and commit for the period of sentence imposed by it.

¶5The learned counsel appearing for the petitioner would submit that the petitioner is ready to deposit the amount as directed by this Court within the time to be stipulated.

¶6Considering the above facts and circumstances and also taking note of the orders passed by the learned Principal Sessions Judge, this Court is inclined to set aside the consequential orders dated 26.02.2025 by directing the petitioner to deposit 30% of the compensation amount. Accordingly, the consequential orders dated 26.02.2025 passed by the learned Principal District and Sessions Judge, Karur, are hereby set aside. The petitioner is directed to deposit 30% of the compensation amount in all the six cases before the concerned Court, on or before 03.04.2025. In respect of other conditions, the order of the learned Principal District and Sessions Judge, Karur, shall remain unaltered.

¶7With the above direction, these Criminal Revision Cases are disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs.

03.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm Note : Issue order copy on 04.03.2025 To

1.The Principal District and Sessions Judge, Karur.

2.The Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur. K.MURALIoSHANKAR,J. csm Commonoorderomadeoin Crl.R.C.(MD)Nos.269otoo274oofo2025 and Crl.M.P.(MD)Nos.2772,o2773,o2777,o2778,o2779oando2780oofo2025 Dated:o03.03.2025