G.Venkatesh v. Velumyle

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.Nos.4730 & 4732 of 2022 in Crl.R.C.No.457 of 2022 G.Venkatesh, ... Petitioner / S/o.Govindaraj Accused [in both Crl.M.Ps] versus Velumyle, ... Respondent / S/o.Kaliannan Complainant [in both Crl.M.Ps] COMMON PRAYER: Criminal Miscellaneous Petitions have been filed under Sections 397 (1) & 482 of Cr.P.C., praying to suspend the sentence imposed on the petitioner by the learned III Additional District and Sessions Judge, Coimbatore, in C.A.No.96 of 2020 dated 08.02.2022, by confirming the order passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-2, Coimbatore, in C.C.No.203 of 2016 dated 01.02.2020 and enlarge the petitioner and to exempt the petitioner from surrendering before the trial Court. For Petitioner : Mr.K.Prabhakaran [in both Crl.M.

Ps] COMMON ORDER These Criminal Miscellaneous Petitions have been filed by the petitioner/accused, seeking suspension of sentence imposed upon the petitioner in C.A.No.96 of 2020 dated 08.02.2022 by the learned III Additional District and Sessions Judge, Coimbatore, by confirming the judgment and sentence passed in C.C.No.203 of 2016 dated 01.02.2020 by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-2, Coimbatore and enlarge the petitioner on bail and seeking to exempt the petitioner from surrendering before the trial court. 2.

The petitioner herein is the accused in C.C.No.203 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level-2, Coimbatore. He was found guilty of the offence under Section 138 of NI Act and has been convicted and sentenced as under:

Offence Sentence Section 138 of NI Act Simple Imprisonment for a period of 6 months and to pay Rs.18,88,000/- as compensation to the complainant with interest at the rate of 6% per annum from the date of cheque within one month from the date of judgment, in default, to undergo Simple Imprisonment for 3 months Aggrieved against the same, the petitioner had filed appeal in C.A.No.96 of 2020 and the learned III Additional District and Sessions Judge, Coimbatore, by order dated 08.02.2022 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 and the petitioner may be exempted from surrendering before the trial Court. 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, exemption from surrendering and bail are granted on the following conditions: (a) The petitioner/accused shall deposit 50% of the cheque amount (Rs.18,88,000/-), to the credit of C.C.No.203 of 2016 before the trial court i.e.

the learned Judicial Magistrate, Fast Track Court at Magisterial Level-2, Coimbatore 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.

(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; and (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 appeal 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, these Criminal Miscellaneous Petitions are ordered.

7.

Post these matters on 20.06.2022 "for reporting compliance". -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 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

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

3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION]

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

+1C.C. to M/S.K.PRABHAKARAN Advocate on payment of necessary charges SR.No.6163 Order in CRL MP.NOs.4730&4732/2022 in CRL RC.457/2022 Date :25/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 25/04/2022