Selvi v. Ezhilarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2022

CORAM:

THE HON'BLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.Nos.4762 & 4764 of 2022 in Crl.R.C.No.459 of 2022 Selvi ... Petitioner/Accused Vs.

Ezhilarasan ... Respondent/Complainant PRAYER: Criminal Miscellaneous Petitions filed under Sections 389(1) & 482 of Cr.P.C to suspend the sentence of imprisonment imposed on the petitioner in C.C.No.267 of 2017 by an order dated 16.09.2017 on the file of Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore and confirmed in C.A.No.313 of 2017 on the file of the V Additional District and Sessions Judge, Coimbatore by a judgment dated 30.09.2021 and release the petitioner on bail and to exempt the petitioner from surrendering before the trial court pending disposal of Crl.R.C.No.459 of 2022 For Petitioner : Mr.P.K.Rajagopal C O M M O N O R D E R These Criminal Miscellaneous Petitions have been filed by the petitioner/accused, seeking to suspend the sentence of imprisonment imposed on the petitioner in C.C.No.

267 of 2017 by a judgment dated 16.09.2017 on the file of learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore and confirmed in C.A.No.313 of 2017 on the file of the V Additional District and Sessions Judge, Coimbatore by a judgment dated 30.09.2021 and release the petitioner on bail and to exempt the petitioner from surrendering before the trial court pending disposal of the above revision petition. 2.

The petitioner herein is the accused in C.C.No.267 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:

S.No.

Conviction Sentence Section 138 of NI Act to undergo simple imprisonment for a period of six months and to pay Rs.1,00,000/- as compensation along with interest at the rate of 6% per annum, in default, to undergo two months simple imprisonment.

Aggrieved against the same, the petitioner had filed an appeal in C.A.No.313 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 along with the instant miscellaneous petitions seeking suspension of sentence and bail. 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 up 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.1,00,000/-) namely, Rs.50,000/- to the credit of C.C.No.267 of 2017 before the trial court i.e.

learned Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore within a period of five 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.

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.

(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, these Criminal Miscellaneous Petitions are ordered.

7. Post the matter on 17.06.2022 for reporting compliance. -sd/- 08/04/2022 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 JUDICIAL MAGISTRATE, FAST TRACK COURT AT MAGISTERIAL LEVEL-II, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE. [FOR INFORMATION] 3 THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

+2 C.C. to M/S P.K.RAJAGOPAL Advocate on payment of necessary charges SR.NOs.5401 & 5402 Order in CRL MP.Nos.4762 & 4764 of 2022 in Crl.R.C.No.459 of 2022 Date :08/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 11/04/2022