S.S.Ravichandran v. Maheswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.No.3742 of 2022 in Crl.RC.No.360 of 2022 S.S.Ravichandran

...Petitioner

Vs.

Maheswari ... Respondent PRAYER: Criminal Miscellaneous Petitions filed under Section 397(1) r/w 401 of Cr.P.C to suspend the execution of the sentence in C.A.No.42 of 2019 on the file of the learned Principal Sessions Judge, Kanchepuram at Chengalpet in C.C.No.170 of 2017 on 28.02.2019 by the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level) Alandur and to enlarge the petitioner on bail pending disposal of the above revision petition. For Petitioner : Mr.T.Muthukrishnan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner/accused, seeking suspension of sentence imposed by the learned Principal Session Judge, Kanchepuram at Chengalpet, in C.A.No.42 of 2019 dated 27.01.2020, by confirming the judgment and sentence passed in C.C.No.170 of 2017 dated 28.02.2019 by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur, and enlarge the petitioner on bail pending disposal of the above revision petition 2.

The petitioner herein is the accused in C.C.No.170 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur. He was found guilty of the offence under Section 138 of NI Act and she has been convicted and sentenced as under:

S.No.

Conviction Sentence Section 138 of NI Act to undergo simple imprisonment for a period of six months and to pay Rs.30,000/- as compensation to the complainant within 30 days, in default to undergo a simple imprisonment for a period of 15 days.

Aggrieved against the same, the petitioner had filed appeal in C.A.No.42 of 2019 and the learned Principal Session Judge, Kanchepuram at Chengalpet, by order dated 27.01.2020 had dismissed the appeal and confirmed the conviction and sentence, against which the present revision has been filed.

3.

According to the learned counsel for the petitioner/accused, there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the Petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court. 4.

Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.

5.

Considering the facts and circumstances of the case, also considering the submissions of the learned counsel for the petitioner, further this revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision case, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) The petitioner/accused shall deposit 50% of the cheque amount (Rs.30,000/-), namely Rs.15,000/- (Rupees fifteen thousand only) to the credit of C.C.No.170 of 2017 before the trial court i.e., the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur, within a period of four weeks from the date of receipt of a copy of this order and on such deposit being made, the trial court shall redeposit the said amount in a fixed deposit account in any nationalized bank, so that the amount accrues interest. The disbursal of this amount shall be decided at the culmination of the criminal revision case. Thereafter, the petitioner/accused is ordered to be released on bail, on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the

satisfaction of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur. (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

6.

With the above directions, this Criminal Miscellaneous Petition is ordered.

-sd/- 23/03/2022 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 PRINCIPAL SESSIONS JUDGE, KANCHEPURAM AT CHENGALPET.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT (MAGISTERIAL LEVEL), ALANDUR.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

Copy to:

THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

+1 C.C. to M/S.T.MUTHUKRISHNAN Advocate on payment of necessary charges SR.NO.4412 Order in CRL MP.3742/2022 in CRL RC.360/2022 Date :23/03/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-23/03/2022