R.Rajendran v. State Rep.By The Public Prosecutor, Coimbatore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice R. PONGIAPPAN CRIMINAL MISCELLANEOUS PETITION Nos.4789 & 4791 of 2022 in Crl.R.C.No.461 of 2022 R.RAJENDRAN [ PETITIONER/ACCUSED ] Vs 1 STATE REP.BY [ RESPONDENTS/COMPLAINANT ] THE PUBLIC PROSECUTOR, COIMBATORE.

2 M/S. RASHI PERIPHERALS PVT LTD., REP BY ITS AUTHORIZED REPRESENTATIVE AND AREA SALES MANAGER JOHN CECIL CHRISTOPHER Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i)Suspend the sentence confirmed by the Impugned order dated 25.10.2021 of the Hon`ble IV Additional District and Sessions Judge at Coimbatore in Crl.A.No. 152 of 2019 while dismissing the appeal and consequentially confirming the Judgement dated 04.03.2019 of Judicial Magistrate, Fast Track court (Magisterial Level -II), at Coimbatore in CC.No. 146 of 2016 under section 138 r/w 142 of Negotiable Instruments Act sentencing the petitioner to undergo simple imprisonment for 6 months and to pay a fine of Rs.

12,12,408/- within one month or in default undergo a further sentence of Three month simple imprisonment and enlarge the petitioner on bail pending disposal of the main Crl.R.C.No.461 of 2022. [CRL.MP.NO.4789/2022] (ii) Exempt the petitioner from surrendering in pursuance to the sentence confirmed by the Impugned Order dated 25.10.2021 of the Hon`ble IV Additional District and Sessions Judge at Coimbatore in Crl.A.152 of 2019 while dismissing the appeal and consequentially confirming the judgement dated 04.03.

Track Court (Magisterial Level -II) at coimbatore in CC.No. 146 of 2016 under section 138 r/w 142 of Negotiable Instruments Act pending disposal of the main Crl.R.C.No.461 of 2022. [CRL.MP.NO.4791/2022] Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S. C.VIDHUSAN, Advocate for the petitioner and of M/S.LEONARD ARUL JOSEPH SELVAM, Govt. Advocate ( Crl. Side) on behalf of the 1st Respondent the court made the following order:- Though the learned counsel appearing for the petitioner would submit that, the petitioner is ready to deposit 50% of the cheque amount, being the reason that the petitioner has filed the Criminal Revision Petition belatedly, this Court is not inclined to allow these petitions.

2. Accordingly, these Criminal Miscellaneous Petitions are dismissed.

-sd/- 25/04/2022 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 IV ADDITINAL DISTRICT AND SESSIONS JUDGE, AT COIMBATORE.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT (MAGISTERIAL LEVEL-II), AT COIMBATORE.

3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 4 THE PUBLIC PROSECUTOR COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

C.C. to M/S. M.VENKADESH KUMAR Advocate on payment of necessary charges Order in CRL MP.Nos.4789 & 4791 of 2022 in Crl.R.C.No.461 of 2022 Date :25/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 05/05/2022