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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.01.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN

Criminal Revision Case (MD)No.215 of 2014

Premalatha ... Petitioner/

Respondent/
Defacto Complainant
Vs.
1.M/s.Paramasivam and Sons,
Through its
Managing Partner,
R.Paramasivan

2.R.Paramasivan
3.R.P.Radhakrishnan
4.R.P.Muthukrishnan ... Respondents/
Petitioners/
A.1 to A.4

Prayer : Revision filed under Section 397 read with Section 401 of
the Code of Criminal Procedure, to set aside the order passed by the
learned Principal Sessions Judge, Virudhunagar District at
Srivilliputtur, in Cr.M.P.No.129/2014, dated 07.01.2014, to the effect
of suspending the operation of the order passed under Section 357
Cr.P.C. and to direct the respondents 1 to 4 to pay the compensation
of cheque amount of Rs.3 Lakhs, within one month as imposed by
the trial Court, namely, the Court of Judicial Magistrate No.I,
Virudhunagar, in S.T.C.No.900 of 2010, dated 12.12.2013.
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For Petitioner : Ms.D.Farjana Ghoushia

for Mr.G.Mariappan

For Respondents : No appearance

*****

ORDER

Today, when this matter was called in the morning, the

learned Counsel for the respondents/A.1 to A.4 was absent and

therefore, it was passed over and when it is called at 04.30 p.m.,

once again, the learned Counsel for the respondents/A.1 to A.4 is

absent.

2. The grievance expressed by the learned Counsel for the

revision petitioner is that though the trial Court while convicting the

respondents/A.1 to A.4 for the commission of the offence under

Section 138 of the Negotiable Instruments Act, has imposed the

sentence of imprisonment and a compensation of Rs.3,00,000/-

(Rupees Three Lakhs only), the lower appellate Court while

entertaining the appeal, has not imposed any conditional order as to

the deposit of the compensation and therefore, prays for appropriate

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orders.

3. This Court, on going through the impugned judgment, is

of the considered view that for availing the benefit of suspension of

sentence of imprisonment, the respondents/A.1 to A.4 have to

deposit some portion of the compensation.

4. In the result, this Criminal Revision Case is disposed of

and the respondents/A.1 to A.4 are directed to deposit a sum of Rs.

1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the credit

of Cr.M.P.No.129 of 2014 on the file of the Court of the learned

Principal Sessions Judge, Virudhunagar District at Srivilliputtur,

without prejudice to the revision petitioner's rights and contentions,

on or before 20.02.2015.

5. Call on 23.02.2015, for reporting compliance.

Index :Yes/No 20.01.2015

Internet :Yes/No
rsb

To
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1.The Court of Principal Sessions Judge,

Virudhunagar District at Srivilliputtur.

2.The Court of Judicial Magistrate No.I, Virudhunagar.

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M.SATHYANARAYANAN,J.

rsb

Criminal Revision Case (MD)No.215 of 2014

20.01.2015