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Madras High CourtCRL MP/10935/2017ordered

K.Ravichandran (52) v. P.S.Krishnasmay (75)

2017-08-30Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr Justice R. SURESH KUMAR CRIMINAL MISCELLANEOUS PETITION No.10935 of 2017 IN CRL RC.1149/2017 K.RAVICHANDRAN [ PETITIONER ] Vs P.S.KRISHNASMAY [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.1149/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed in S.T.C.No.1845 of 2013 on the file Judicial Magistrate No.I, Gopichettipalayam dated 13.03.2017 confirmed by the judgment made in C.A.No.97/2017 (In the Court of Additional Sessions, Magalir Neethi Mandram) Fast Track Mahila Court, Erode, Erode District dated 26.07.2017 and release him on bail pending of the above CRL RC.1149/2017 [IN CRL.MP.NO.

10935 OF 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.1149/2017 on the file of the High Court and upon hearing the arguments of M/S.C.S.SARAVANAN, Advocate for the petitioner, the court made the following order:- This is a petition to suspend the sentence imposed against the petitioner by the trial Court, as confirmed by the appellate Court. 2.

After hearing the learned counsel for the petitioner, this Court feels that some arguable points are available in this case and also considering the fact that the offence punishable under Sec.138 of Negotiable Instruments Act is compoundable in nature and also in order to enable the parties to settle the matter towards compounding the offence, the following interim order is passed:

3.

The substantiative sentence of imprisonment imposed against the petitioner alone is suspended on condition that the petitioner shall deposit a sum of Rs.75,000/-(Rupees seventy five thousand only) to the credit of S.T.C.No.1845 of 2013 on the file of Judicial Magistrate, Fast Track Court No.I, Gobichettipalayam within a period of four weeks from the date of receipt of a copy of this order and also on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of

Judicial Magistrate, Fast Track Court No.I, Gobichettipalayam and also the petitioner shall appear before the concerned Court at 10.30 a.m on the first working day of every English calendar month until further orders.

Notice.

-sd/- 30/08/2017 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 ADDITIONAL SESSIONS MAGALIR NEETHI MANDRAM] FAST TRACK MAHILA COURT, ERODE, ERODE DISTRICT.

2 THE JUDICIAL MAGISTRATE, NO.I, GOBICHETTIPALAYAM.

3 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] +1C.C. to M/S.C.S.SARAVANAN Advocate on payment of necessary charges SR NO.16523 Order in CRL MP.10935/2017 in CRL RC.1149/2017 Date :30/08/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:01/09/2017