Allowed

Ktt Traders v. M/S.Ceat Limited

Madras HC7 Feb 2023CRL MP/1356/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Petition filed under section 397(1) CrPC seeking suspension of sentence and bail. Court granted suspension and bail to the 2nd petitioner (proprietor) on conditions including surrender, bond, and appearance, noting substantial grounds in the pending revision.

What did the court decide?

Suspension of sentence and bail granted to the 2nd petitioner on executing a bond of Rs.10,000 with two sureties, surrendering within two weeks, and appearing as required.

Ktt Traders Vs M/S.Ceat Limited — Cheque Dishonour | Madras HC (2023)

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Crl.M.P.No.1356 of 2023 in Crl.RC.No.84 of 2022

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.02.2023

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CORAM

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THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

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Crl.M.P.No.1356 of 2023

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Crl.RC.No.84 of 2023

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M/s. KTT Traders Proprietor Mr. Narasimha Rao No.1/109, Poonamallee High Road, Nerkundram, Opp. Onion Mandy, Chennai 600 107.

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A. Narasimha Rao, Proprietor M/s.KTT Traders, No.1/109, Poonamallee High Road, Nerkundram, Opp. Onion Mandy, Chennai 600 107.

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... Petitioners /vs/

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M/s. Ceat Limited, rep. By its Power of Attorney Mr.T.R.Kamalakannan, No.5, Dr. Abdul Kalam Cross Street, Nagalkeni, Chrompet, Chennai 600 044. .. Respondent

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Prayer : Criminal Miscellaneous Petition filed under section 397 (1) of Cr.P.C., to suspend the sentence imposed on the petitioners by judgment and order dated 14.10.2022 in Crl.A.No.183 of 2021 on the file of XXIII Additional Sessions Judge, City Civil Court, Chennai and enlarge the petitioners on bail pending disposal of the above Criminal Revision Petition before this Court.

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Crl.M.P.No.1356 of 2023 in Crl.RC.No.84 of 2022

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For Petitioners ... Mr. G.R.Hari

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ORDER

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This Criminal Miscellaneous Petition has been preferred seeking to

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suspend the sentence imposed on the petitioners by judgment dated 14.10.2022 in C.C.No.1115 of 2016 on the file of Metropolitan Magistrate (FTC-1) Court, Egmore at Allikuam and enlarge the petitioners on bail pending disposal of the above Criminal Revision Petition before this Court.

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The petitioners, who are A1 and A2 in C.C.No.1115 of 2016 on the

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file of Metropolitan Magistrate (FTC-1) Court, Egmore at Allikuam, Chennai were convicted and sentenced by the trial court on 22.10.2021 as

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follows:

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*Petitioner's* *Rank*	*Provision under* *which convicted*		*Sentence*
A1 and A2	U/s.138 of NI Act	To undergo SI compensation cheque amount p.a., being Rs.21,04,548/- period of 8 judgment, in d of SI.	for six months and to pay a of Rs.14,51,413/-, being the along with interest @ 9% Rs.6,53,135/-, totalling to the complainant within a weeks from the date of efault, to undergo six weeks

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Aggrieved over the judgment of conviction and sentence imposed on the

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petitioners by the trial court, the petitioners preferred Criminal Appeal in

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Crl.M.P.No.1356 of 2023 in Crl.RC.No.84 of 2022

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Crl.A.No.183 of 2021 before the XXIII Additional Sessions Judge, City Civil Court, Chennai. The appellate judge dismissed the criminal appeal for default as there was no representation for the petitioners. Challenging the above conviction and sentence, the petitioners have filed the present Crl.R.C. along with the instant miscellaneous petition, seeking suspension of sentence and bail.

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The learned counsel for the petitioners submitted that the judgment of the trial court is contrary to law, weight of evidence and probabilities of the case. The impugned order dated 14.2.2022 passed by the lower appellate court is erroneous, illegal and liable to be set aside. He further submitted that there are arguable points in this Revision and the petitioners have every chance to succeed in this Criminal Revision Case. Thus, he prayed for suspension of sentence till the disposal of this Criminal Revision case.

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Heard the learned counsel for the petitioners and perused the

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materials available on record.

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The first petitioner/A1 is a company, represented by its proprietor

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2^nd petitioner/A2. The petitioners have raised substantial grounds in the

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Crl.M.P.No.1356 of 2023 in Crl.RC.No.84 of 2022

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Revision which require detailed appraisal. Further, the Revision is not likely

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to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioners are entitled to the relief of suspension of sentence and bail.

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Accordingly, the relief of suspension of sentence and bail is granted

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to the 2^nd petitioner, who is proprietor 1^st petitioner company, on the following conditions:

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(i) The 2^nd petitioner shall surrender before the Trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) each along with two sureties, each for a like sum, to the satisfaction of the Trial Court.

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(ii) The 2^nd petitioner shall affix their photograph and Left Thumb Impression in the bond and the trial Court may obtain a copy of Aadhaar card or Bank pass Book to ensure the identity; and

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(iii) The 2^nd petitioner shall appear before the trial Court as and when required.

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msr

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07.02.2023

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Crl.M.P.No.1356 of 2023 in Crl.RC.No.84 of 2022

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The XXIII Additional Sessions Judge, City Civil Court, Chennai

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The Metropolitan Magistrate/FTC-1 Court At Allikuam at Egmore, Chennai

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Crl.M.P.No.1356 of 2023 in Crl.RC.No.84 of 2022

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V.SIVAGNANAM, J.

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msr

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Crl.M.P.No.1356 of 2023 in Crl.RC.No84 of 2023

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07.02.2023

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Ktt Traders v. M/S.Ceat Limited

Case brief

What is this about?

What did the court decide?

Ktt Traders v. M/S.Ceat Limited

Case brief

What is this about?

What did the court decide?

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