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Madras High CourtCRL MP/391/2025ordered

M.K.Ravichandran v. V.A.Sathyamurthy

2025-01-10Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-01-2025

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL MP NO. 391 of 2025 IN CRL RC NO. 57 OF 2025 M.K.Ravichandran S/o.Kuppusamy, No.45, Sannathi Street, Sholinghur, Ranipet District.

Appellant(s) Vs V.A.Sathyamurthy S/o.Late Arumugam, No.9A, East Bazzar Street, Sholinghur, Ranipet District.

Respondent(s) For Appellant(s) : Mr.C. Harish For Respondent(s): Mr.S.Udayakumar Govt Advocate (crl Side)

ORDER

This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence passed against the petitioner in the judgment dated 20.12.2024 made in Spl.S.C.No.2 of 2024 on the file of the learned Principal 1/5

District cum Sessions Court, Ranipet and enlarge the petitioner on bail, pending the above Criminal Revision Petition.

2. The case of the respondent is that towards discharge of the liability, the petitioner has issued a cheque for Rs.1,00,000/- and when the said cheque was presented for collection, it was returned for the reason "Account Closed" and inspite of statutory notice, the petitioner did not make any payment.

3. The learned counsel for the petitioner would submit that pursuant to the order of this court, the case in C.C.No.31 of 2018 was transferred from the file of the learned Judicial Magistrate, Sholinghur to the learned Principal District cum Sessions Court, Ranipet; that the impugned judgment was therefore passed by the learned Sessions Judge; that since the learned Sessions Judge has sentenced the petitioner to three months imprisonment, an appeal would not lie as per Section 376(b) of Cr.P.C. and therefore the petitioner had preferred the above revision and prayed for suspension of sentence.

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4. Heard the learned counsel for the petitioner and perused the records.

5. Considering the fact that the petitioner has raised arguable points in the above revision which requires consideration and the fact that the revision is not likely to be taken up in the near future, this Court is inclined to suspend the sentence imposed on the petitioner by the trial court, subject to the following conditions, till the disposal of the above Criminal Revision : (a) The petitioner is ordered to be enlarged on bail, on condition that he shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only), with two sureties, each for a like sum to the satisfaction of the trial Court ;

(b) The petitioner shall appear before the Trial Court on the first working day of a month at 10.30 a.m., until the disposal of the revision and if he is not able to appear before the Trial Court on that day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the Trial Court on any other day in 3/5

lieu of the date of his absence as directed by the Trial Court ;

(c) In the event of failure on satisfying the above conditions, this order would stand automatically cancelled.

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 10.01.2025 (2/2) rgr Note: Issue order copy by 13.01.2025 To 1.The Principal District cum Sessions Court, Ranipet 2.The Public Prosecutor, High Court, Madras.

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SUNDER MOHAN, J.

rgr CRL MP NO. 391 of 2025 IN CRL RC NO. 57 OF 2025 10-01-2025 (2/2) 5/5