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Madras High CourtCRL MP/2864/2024dismissed

Sri Propery Makers v. Senthil Kumar

2024-07-24Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sri Property Makers, Represented by its Power Agent, Mr.P.G.S.Saravanakumar, S/o.G.Selvaraj, Division 50/F-1, Plot No.1, Sarveshwari Nagar, Oorapakkam - 603 302.

... Petitioner in both petitions Vs.

Senthilkumar ... Respondent in both petitions PRAYER in Crl.M.P.No.2864 of 2024 : Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code, to grant exemption from surrendering of the petitioner before the learned VI Additional Sessions Judge, Chennai in C.A.No.235 of 2019, vide judgment dated 26.07.2023, confirming the conviction and sentence passed by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai, in C.C.No.7249 of 2014 dated 29.04.2019, pending disposal of the above criminal revision.

PRAYER in Crl.M.P.No.2866 of 2024 : Criminal Miscellaneous Petition

filed under Section 397(1) of Criminal Procedure Code, to suspend the sentence imposed on the petitioner in Crl.A.No.235 of 2019 on the file of the learned VI Additional Sessions Judge, Chennai dated 26.07.2023, confirming the conviction and sentence passed by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai, in C.C.No.7249 of 2014 dated 29.04.2019 and enlarge the petitioner on bail, pending disposal of the above criminal revision. For Petitioner in both petitions :

Mr.T.Arokia Dass for M/s.Dass and Viswa Associates C O M M O N O R D E R Crl.M.P.No.2864 of 2024 has been filed seeking to exempt the petitioner from surrendering before the learned VI Additional Sessions Judge, Chennai, in connection with conviction made in C.A.No.235 of 2019 vide judgment dated 26.07.2023, confirming the conviction and sentence made in C.C.No.7249 of 2014 vide judgment dated 29.04.2019 by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai.

2. Crl.M.P.No.2866 of 2024 has been filed to suspend the

conviction and sentence imposed on the petitioner vide judgment dated 26.07.2023 passed in C.A.No.235 of 2019 by the learned VI Additional Sessions Judge, Chennai, confirming the judgment dated 29.04.2019 passed in C.C.No.7249 of 2014 by the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai, pending disposal of the criminal revision case and enlarge the petitioner on bail.

3. The petitioner was convicted for the offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for a period of one year and to pay a sum of Rs.60,00,000/- towards compensation to the complainant, in default, to undergo simple imprisonment for a further period of three months vide judgment dated 29.04.2019 passed in C.C.No.7249 of 2014, against which, appeal was filed in C.A.No.235 of 2019 before the learned VI Additional Sessions Judge, Chennai, and the same was dismissed. Aggrieved by the same, the revision petition has been filed along with the present petition to suspend the sentence.

4. The learned counsel for the revision petitioner would submit that there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable. It is further submitted that apprehending arrest, the present petition for suspension of sentence is filed and the petitioner is not in jail.

5. Having regard to the fact that there are arguable points involved in the revision and further, the revision is not likely to be taken up for final hearing in the near future, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

6. Accordingly, the substantive sentence of imprisonment alone as against the petitioner is hereby suspended on the following conditions: (a) the petitioner shall deposit 50% of the cheque amount, less than the amount if any already

deposited to the credit of C.C.No.7249 of 2014 on the file of the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam, Chennai within a period of two weeks from the date of receipt of a copy of this order. (b) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Metropolitan Magistrate, Fast Track Court No.II, Egmore, Allikulam Chennai, along with two sureties for a like sum;

(c) the petitioner shall report before the Court below on the first working day of every month at 10.30 a.m., until further orders.

7. Crl.M.P.No.2866 of 2024 is ordered accordingly. However, this Court is not inclined to exempt the petitioner from surrendering before the Court below. Hence, Crl.M.P.No.2864 of 2024 is dismissed.

24.07.2024 (4/4) NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb / vji Note: Issue order copy by 06.08.2024 To

1. The learned Metropolitan Magistrate,

Fast Track Court-II, Egmore, Allikulam, Chennai.

2. The VI Additional Sessions Judge, Chennai.

3. The Public Prosecutor, Madras High Court.

M.DHANDAPANI, J.

ssb / vji 24.07.2024 (4/4)