IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Criminal Revision No.1064 to 1067 of 2016 and Crl.M.P.Nos.9085 to 9088 of 2017 C.Dhanraj .. Petitioner in all Crl.R.Cs.
Vs M/s. Commercial Carriers of India, rep. By its Managing Partner, Mr.Ram Pratap Varma, No.27, Thiruveethi Amman Kovil Street, Koyambedu, Chennai – 600 017. .. Respondent in all Crl.R.Cs.
Prayer in all Crl.R.Cs.:- Criminal Revision filed under Section 397 r/w. 401 of Cr.P.C., to set aside the order made in Crl.M.P.No.6594 of 2016 in C.A.No.126 of 2016, Crl.M.P.No.6593 of 2016 in Crl.a.No.125 of 2016, Crl.M.P.No.6595 of 2016 in Crl.A.No.127 of 2016 and Crl.M.P.No.6592 of 2016 in Crl.A.No.124 of 2016, dated 11.05.2016 passed by the Vacation Sessions Judge/I Additional Sessions Judge, Chennai.
For Petitioner in all Crl.R.Cs. : Mr.K.Raghupathy
ORDER
The petitioner is accused in the complaints filed under Section 138 of Negotiable Instrument Act. The trial court, convicted the petitioner/accused and sentenced him to undergo rigorous imprisonment 2 years and also directed him to pay a sum of Rs.4,00,000/- as compensation, in each cases.
2. Challenging the same, he filed appeals in C.A.Nos. 124 to 127 of 2016 on the file of the VII Additional Sessions Judge, Chennai. Pending appeals, he filed petition to suspend the sentence imposed by the court below. The lower appellant court, while suspending the sentence, directed the petitioner to pay 10% of the cheque amount as compensation, in each cases, awarded by the trial court. Now challenging the same, the present revisions have been filed.
3. Even though notice has been sent to the respondent, none appeared on behalf of the respondent and subsequently, substitute of service by way of paper publication has also been ordered. Even then there is no appearance for the respondent.
4. Heard Mr. K.Raghupathy, learned counsel appearing for the petitioner and perused the materials available on record.
5. The lower appellate court had taken a very lenient view and directed the petitioner only to deposit 10% of the cheque amount in each case. In the above circumstances, I find no illegality or irregularity in the order passed by the court below. Hence, the revisions are liable to be dismissed.
6. Accordingly the criminal revisions are dismissed. Consequently, connected miscellaneous petitions are closed. Since the appeal is pending from 2016, the lower appellate court is directed to dispose the appeal within a period of 3 months from the date of receipt of a copy of this order.
20.03.2017 mrp To
1. The Vacation Sessions Judge, I Additional Sessions Judge, Chennai.
2. The Metropolitan Magistrate, Fast Track Court -IV, George Town, Chennai.
3. The Public Prosecutor, High Court, Madras.
V.BHARATHIDASAN.J., mrp Crl.R.C.No.1064 to 1067 of 2017 20.03.2017 http://www.judis.nic.in