Selvi v. Ezhilarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.Nos.4659 and 4661 of 2022 in Crl.R.C.No.452 of 2022 Selvi ... Petitioner / Accused [in both Crl.M.Ps] versus Ezhilarasan ... Respondent / 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 Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore, in C.C.No.268 of 2017 dated 16.09.2017, by confirming the judgment passed by the learned V Additional District and Sessions Judge, Coimbatore, in C.A.No.312 of 2017 dated 30.09.2021 and enlarge the petitioner and to exempt the petitioner from surrendering before the trial Court. For Petitioner : Mr.P.K.Rajagopal [in both Crl.M.

Ps] C O M M O N O R D E R These Criminal Miscellaneous Petitions have been preferred by the petitioner/accused, seeking to suspend the sentence imposed upon her, by judgment and order dated 30.09.2021 passed in C.A.No.312 of 2017 by the learned V Additional District and Sessions Judge, Coimbatore, by confirming the judgment and sentence dated 16.09.2017 passed in C.C.No.268 of 2017 by the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore and to enlarge the petitioner on bail and seeking to exempt her from surrendering before the trial Court.

2.

The petitioner herein is the accused in C.C.No.268 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore. She was found guilty of the offence under Section 138 of NI Act and she has been convicted and sentenced as under:

Offence Sentence Section 138 of NI Act Simple Imprisonment for a period of 1 year and to pay Rs.3,00,000/- as compensation to the complainant with interest at the rate of 6% per annum from the date of cheques to till the date of payment within a period of one month, in default, to undergo Simple Imprisonment for 3 months Aggrieved against the same, the petitioner had filed appeal in C.A.No.312 of 2017 and the learned V Additional District and Sessions Judge, Coimbatore, by judgment dated 30.09.2021 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.3,00,000/-), to the credit of C.C.No.268 of 2017 before the trial court i.e. the learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, 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 her 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 at Magisterial Level-II, Coimbatore;

(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 her absence, as directed by the trial Court.

6.

With the above directions, these Criminal Miscellaneous Petitions are ordered.

7.

Post these matters on 09.06.2022 "for reporting compliance".

-sd/- 07/04/2022 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 V ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

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

3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION]

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

+2 C.C. to M/S P.K.RAJAGOPAL Advocate on payment of necessary charges SR.NOs.5300 & 5301 Order in CRL MP.Nos.4659 and 4661 /2022 in CRL RC.452/2022 Date :07/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 07/04/2022