Dismissed

Nanjan v. United Planters Association of Southern India

Madras HC28 Jun 2023CRL OP/9598/2023

Case brief

AI extract

What is this about?

The petitioner filed a Criminal Original Petition under Section 482 Cr.P.C. to set aside an order of the Sessions Judge which conditioned the suspension of his sentence on the deposit of 30% of compensation under Section 357(3) Cr.P.C. finding that the deposit had already been made, the court dismissed the petition.

What did the court decide?

The Criminal Original Petition to set aside and modify the order directing deposit of 30% compensation was dismissed.

Nanjan Vs United Planters Association of Southern India — Cheque Dishonour | Madras HC (2023)

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Crl.O.P..No.9598 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 28.06.2023

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CORAM:

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THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN

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Crl.O.P.No.9598 of 2023

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Nanjan ....Petitioner

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Vs.

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United Planters Association of Southern India, Rep. By its Secretary Mr.Sanjith S/o. Late Rajan Nair, Glenview, UPASI, Conoor, The Nilgiris.

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The State Rep.by, The Public Prosecutor, Udhagamandalam. ... Respondents

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PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying to set aside and modify the order passed in Crl.M.P.No.65 of 2023 in C.A.No.07 of 2023 dated 12.01.2023 by the Court of Sessions Division of the Nilgiris District at Udhagamandalam, thereby imposing the conditions to comply with the order passed in the petition filed for suspension of sentence imposed on the petitioner.

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For Petitioner : Mr.A.Bobblie For R2 : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis 1/4

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1/4

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Crl.O.P..No.9598 of 2023

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ORDER

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This Criminal Original Petition has been filed to set aside and modify

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the order passed in Crl.M.P.No.65 of 2023 in C.A.No.07 of 2023 dated 12.01.2023 by the Court of Sessions Division of the Nilgiris District at Udhagamandalam, thereby imposing the conditions to comply with the order passed in the petition filed for suspension of sentence imposed on the petitioner.

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The learned counsel for the petitioner submitted that, petitioner was convicted and sentenced to undergo simple imprisonment for a period of 6 months and ordered further to pay the cheque amount of Rs.3,00,000/- as compensation under Section 357(3) of Cr.P.C to the complainant within a period of three months. Against the said conviction and sentence, petitioner filed appeal in Crl.A.No.07 of 2023 along with the petition for suspension of sentence in Crl.M.P.No.65 of 2023. The learned Sessions Judge, Udhagamandalam while suspending the sentence, directed the petitioner to deposit 30% of the compensation amount ie., Rs.90,000/- before the learned Fast Track Judicial Magistrate, Coonoor. Challenging this order, present petition is filed.

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On going through the order passed by the learned Sessions Judge,

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https://www.mhc.tn.gov.in/judis 2/4

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Crl.O.P..No.9598 of 2023

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Udhagamandalam in Crl.M.P.No.65 of 2023, this Court finds that, learned

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counsel appearing before the learned Judge had come forward to deposit a sum of Rs.90,000/-. Therefore, it is not open to the petitioner to challenge the

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order directing the petitioner to deposit of 30% of the compensation amount. Therefore, this Court is not inclined to interfere with the order passed by the learned Sessions Judge, Udhagamandalam in Crl.M.P.No.65 of 2023.

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4. Accordingly, this Criminal Original Petition is dismissed.

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28.06.2023

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Internet:Yes Index:Yes/No Sma

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To:

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Sessions Judge, Udhagamandalam

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https://www.mhc.tn.gov.in/judis 3/4

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Crl.O.P..No.9598 of 2023

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G.CHANDRASEKHARAN, J.

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sma

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Crl.O.P. No.9598 of 2023

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28.06.2023

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https://www.mhc.tn.gov.in/judis 4/4

Nanjan v. United Planters Association of Southern India

Case brief

What is this about?

What did the court decide?

Nanjan v. United Planters Association of Southern India

Case brief

What is this about?

What did the court decide?

What the court decided

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