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Madras High CourtCRL MP/1098/2023ordered

Subhashini v. Raja

2023-03-13Honourable Mr Justice V.Sivagnanam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.R.C.No.1202 of 2022 Subhashini ... Petitioner Vs.

Raja ... Respondent Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C to suspend to suspend the sentence imposed in C.C.No.192 of 2018 on the file of the learned Judicial Magistrate No.I, Mettur on 19.03.2021 and confirmed by the judgment in Crl.A.No.34 of 2021 by the Additional District Judge, Fast Track Court, Mettur, dated 25.07.2022 and enlarge the petitioner on bail pending disposal of the above appeal.

For Petitioner : Mr.J.Prithvi For Respondent : Mr.S.Rajendrakumar for M/s.Swathi Algappan - - - - -

ORDER

This petition has been filed to suspend the sentence imposed on the petitioner by the Trial Court in C.C.No.192 of 2018, vide judgment dated 19.03.2021 and confirmed by the judgment in Crl.A.No.34 of 2021 by the I Additional District and Sessions Judge, Mettur, dated 25.07.2022, pending disposal of the Criminal Appeal.

2. The petitioner herein is the accused in the above said C.C.No.192 of 2018. The learned the Judicial Magistrate No.I, Mettur vide judgment dated 19.03.2021 passed in C.C.No.192 of 2018, convicted under section 138 of Negotiable Instruments Act and sentenced the petitioner to undergo simple imprisonment for a period of one year and directed to pay the cheque amount of Rs.6,00,000/- as compensation to complainant. The first appellate Court has confirmed the conviction and sentence of the trial Court in Crl.A.No.34 of 2021 by a judgment dated 25.07.2022.

3. Challenging the conviction and sentence slapped by the Trial Court and confirmed by the first appellate Court, the petitioner is before this Court.

4. The learned counsel for the petitioner submitted that as per the direction of this Court, the petitioner has deposited a sum of Rs.6,00,000/- to the credit of C.C.No.192 of 2018 on the file of the Judicial Magistrate No.I, Mettur. The learned Counsel appearing for the petitioner has also filed a Memo to that effect.

5. Heard the learned counsel for petitioner and the learned counsel appearing for respondent and perused the impugned judgment and the materials on record.

6. Considering the submissions of the learned counsel appearing for the petitioner and that the fact that the petitioner had deposited the cheque amount to the credit of the case in C.C.No.192 of 2018, I am inclined to suspend the sentence imposed on the petitioner.

7. Accordingly, it is ordered as follows.

(i) The substantive sentence of imprisonment alone is suspended and the petitioner shall surrender before the concerned Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Mettur. (ii) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the concerned Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

(iii) The petitioner shall appear before the Trial Court as and when required.

13.03.2023 vrc

To

1. The Judicial Magistrate No.I, Mettur

2. The Public Prosecutor, High Court, Madras.

V.SIVAGNANAM , J.

vrc Crl.R.C.No.1202 of 2022 13.03.2023