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Madras High CourtCRL MP/10499/2017disposed of

R.Vidhya, Aged 60 Years, v. Smt.K.Nirmala Devi,

2017-08-22Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Second day of August Two Thousand Seventeen PRESENT The Hon`ble Mr Justice R. SURESH KUMAR CRIMINAL MISCELLANEOUS PETITION No.10499 of 2017 IN CRL RC.1110/2017 R.VIDHYA, [ PETITIONER ] Vs SMT.K.NIRMALA DEVI, [ RESPONDENT ] 3/235, ATHILAKSHMI NAGAR, KOVOOR, CHENNAI - 602 101 Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.RC.No.1110/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner herein by the learned Metropolitan Magistrate XIVth at Chennai in C.C.20033/2005 dated 19.09.2011 which was confirmed by the Hon'ble IV th Addl Sessions Judge at Chennai in CC.No.213 of 2011 dated 18.07.2017 and enlarge the petitioner on bail, pending disposal of the above case in Crl.RC.No.1110/2017.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC. No.1110/2017 on the file of the High Court and upon hearing the arguments of M/S.S.ASIR MATHURAM, Advocate for the petitioner, the court made the following order:- This petition has been filed to suspend the sentence of imprisonment imposed on the petitioner by the learned Metropolitan Magistrate - XIV at Chennai in C.C.No.20033 of 2005 dated 19.09.2011 which was confirmed by the learned IV Additional Sessions Judge at Chennai in C.A.No.213 of 2011 dated 18.07.2017.

2. Since the offence punishable under Section 138 of Negotiable Instrument Act is compoundable one, towards enabling the settlement between the parties, as requested by the learned counsel for the petitioner, the following order is passed :- The substantive sentence of imprisonment alone is suspended and the petitioner is released on bail on conditions that :-

(i) the petitioner shall deposit a sum of Rs.30,000/- (Rupees thirty thousand only) to the credit of C.C.No.20033 of 2005 on the file of the learned XIV Metropolitan Magistrate, Egmore/Allikulam, Chennai within a period of three weeks from the date of the receipt of a copy of this Order. (ii) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the learned XIV Metropolitan Magistrate, Egmore/Allikulam, Chennai and also (iii) the petitioner shall appear before the said Court on the first working day of every calender month at 10.30 a.m. until further orders.

-sd/- 22/08/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE XIV METROPOLITAN MAGISTRATE, EGMORE, ALLIKULAM 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI (FOR INFORMATION) 3 THE IV ADDITIONAL SESSIONS JUDGE AT CHENNAI +1 C.C. to M/S.S.ASIR MATHURAM Advocate on payment of necessary charges Sr.16030 Order in CRL MP.10499/2017 in CRL RC.1110/2017 Date :22/08/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MD: 23/08/2017