Disposed

Y.B.Distributors v. B2C Vending Solution

Madras HC12 Sept 2023CRL OP/20863/2023

Case brief

AI extract

What is this about?

Crl.O.P. challenging a Sessions Court order returning a petition for reducing bond conditions under the Negotiable Instruments Act. The High Court upheld the lower court's view that 20% deposit is mandatory, granting four weeks to comply or face automatic cancellation of sentence suspension.

What did the court decide?

Petitioners directed to deposit 20% of compensation within four weeks; suspension stands auto-cancelled on default.

Y.B.Distributors Vs B2C Vending Solution — Cheque Dishonour | Madras HC (2023)

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Crl.O.P.No.20863 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.09.2023

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CORAM :

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THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

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Crl.O.P.No.20863 of 2023

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1.Y.B.Distributors,

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rep.by its proprietors, M/s.Bharat T.H.Shah, O/o.Harilal Shah, Office No.28, Somasundaram Nagar, Krishnadoss Road, Mangalapuram Opp. to SPR buildings, Near Otteri police station, Chennai - 600 012.

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2.M/s.Bharath T.H.Shah, O/o.Harilal Shah, residing at No.4567, North Ton Tower-2, Flat No.603, Stephens Road, Binny Mills, Perambur Baracks Road, Chennai - 600 012. ... Petitioners

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Versus

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M/s.B2C Vending Solution, Partnership firm M.Srirman - Manager, Office No.30/2, Subramani Street, Purasawalkam, Chennai - 600 007. ... Respondent

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.20863 of 2023

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PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to set aside the docket order on 25.01.2023 passed by the Principal Sessions Judge, Chennai, in Crl.M.P.Sr.No.1999 of 2023 in Criminal Appeal No.309 of 2022.

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For Petitioners : Mr.K.V.Ramesh

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*****

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O R D E R

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This Criminal Original Petition has been filed challenging the docket order passed by the Court below on 25.01.2023 returning the petition filed by the petitioners seeking for modification of the condition imposed by the Court below while suspending the sentence imposed against the petitioners, pending Criminal Appeal No.309 of 2022.

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Heard Mr.K.V.Ramesh, learned counsel for petitioners and

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carefully perused the materials available on record.

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The Court below was perfectly right in not entertaining the

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petition since Section 148(1) of the Negotiable Instruments Act itself provides a deposit of minimum of 20% of the compensation awarded by the trial Court. In view of the same, there is no scope for reducing this

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.20863 of 2023

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percentage. At the best, this Court can only give some more time to the

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petitioners to deposit this amount. Accordingly, there shall be a direction to the petitioners to deposit 20% of the compensation amount within a period of four (4) weeks from today. It is made clear that if the petitioners fail to deposit the amount within the time stipulated by this Court, the suspension of sentence granted in favour of the petitioners shall stand cancelled automatically without any further reference to this Court and the Court below shall take steps to secure the petitioners in order to serve the sentence imposed by the trial Court.

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This Criminal Original Petition is disposed of with the above direction.

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12.09.2023

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Note: Issue order copy by 13.09.2023

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Index: Yes/No Speaking Order / Non-Speaking Order Neutral Citation: Yes / No

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rjr/gm

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.20863 of 2023

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N.ANAND VENKATESH, J

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The Principal Sessions Judge,

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Chennai.

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Crl.O.P.No.20863 of 2023

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12.09.2023

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https://www.mhc.tn.gov.in/judis

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Y.B.Distributors v. B2C Vending Solution

Case brief

What is this about?

What did the court decide?

Y.B.Distributors v. B2C Vending Solution

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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