S.Rajathi v. A.Paraschand Jain
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Seventh day of February Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. SESHASAYEE CRIMINAL MISCELLANEOUS PETITION No.1105 of 2022 IN CRL.R.C.No.108 OF 2022 S.RAJATHI [ PETITIONER ] PROPRIETRIX OF M/S.SUKANYA GARMENTS Vs A.PARASCHAND JAIN [ RESPONDENT ] PROPRIETOR OF M/S. MAHAVEER HOSIERIES REP BY HIS POWER AGENT RAJKUMAR JAIN Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.RC.No.108 OF 2022 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed in the judgement dated 03.03.2017 in S.T.C No.1067/2006 on the file of the Learned Judicial Magistrate No.1 Court, Tiruppur confirming the conviction in Judgement dated 30.07.2021 in C.A.No.
38/2017 on the file of I Additional District and Sessions Judge, Tiruppur and enlarge the petitioner on bail pending disposal of the above CRL.RC.No.108 OF 2022. Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.RC.No.108 OF 2022 on the file of the High Court and upon hearing the arguments of M/S A.THIYAGARAJAN Advocate for M/S.S.RAMESH, Advocate for the petitioner the court made the following order:- This petition has been filed by the petitioner seeking suspension of her sentence of imprisonment.
2. The petitioner faced trial in STC.No.1067 of 2006 on the file of the Judicial Magistrate - I Court, Tiruppur and the trial Court, by a judgment dated 03.03.2017, convicted the petitioner under
Section 138 of the N.I Act and sentenced her to undergo rigorous imprisonment for 1 year and to pay a fine of Rs.2000/ i/d to undergo 3 months R.I and to pay the cheque amount of Rs.1,59,250/- and also a compensation of Rs.50,000 to the respondent/complainant within 3 months and the same was confirmed by the I Additional Sessions Judge, Tiruppur in C.A.No.38/2017 Vide its order dated 30.07.2021.
3. Challenging the same, the present appeal has been filed along with this petition for suspension of sentence.
4. Heard both sides and perused the impugned judgment and the materials available on record.
5. Taking into consideration the submission of the learned counsels appearing on both sides, since there are some arguable points available in the appeal, I am inclined to suspend the substantive sentence of imprisonment alone.
6.Accordingly, pending appeal, substantive sentence of imprisonment alone is suspended and the petitioner is released on bail on her executing 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 Judicial Magistrate No.1 Court, Tiruppur, with further condition that she shall appear before the said court on the first working day of every month at 10.30 a.m., until further orders. -sd/- 07/02/2022 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 JUDICIAL MAGISTRATE, NO.I, COURT, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION)
3 I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR C.C. to M/S.S.RAMESH Advocate on payment of necessary charges SR.2097 Order in CRL MP.1105/2022 IN CRL.R.C.No.108 OF 2022 Date :07/02/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 04/03/2022