P.Kanthasamy v. R.Ranganathan

Crl.M.P.No.1675 of 2016 in Crl.R.C. No.246 of 2016 DR.P.DEVADASS , J.

The revision petitioner suffered conviction and sentence by the concurrent findings recorded by two courts. He challenges the same as regards their legality under section 397 Cr.P.C. Pending consideration, he seeks suspension of his sentence of imprisonment.

2. This matter arises out of a cheque bouncing case under section 138 of the Negotiable Instruments Act in C.C.No.51 of 2009 on the file of the learned District Munsif -cum-Judicial Magistrate, Mettupalayam. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to 1 year R.I. It was confirmed by the learned III Additional Sessions Judge, Coimbatore in C.A.No.43 of 2013.

3. Upon hearing the arguments of the learned counsel for the revision petitioner and on perusing the judgment of the Trial Court and the materials on record, I find prima facie case. His sentence was suspended by the Trial Court and also by the Appellate Court. It is a fact that it will take some time for the disposal of the criminal revision. In the circumstances, I am inclined to grant him bail under section 397 Cr.P.C.

Dr.P.DEVADASS , J.

7. Ordered as under :

(i) Bail granted.

(ii) His sentence of imprisonment alone is suspended. (iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Mettupalayam. (iv) Petitioner shall appear before the said Magistrate on the first working day of every month at 10.30 a.m. until further orders. To

1. The III Additional Sessions Judge, Coimbatore.

2. The District Munsif-cum-Judicial Magistrate, Mettupalayam.

3. The Additional Public Prosecutor, High Court, Madras.

Crl.M.P.No.1675 of 2016 in Crl.R.C.No.246 of 2016

Crl.M.P.No.1677 of 2016 in In view of the order passed in Crl.M.P.No.1675 of 2016 in Crl.R.C.No.246 of 2016 granting suspension of sentence, this petition seeking exemption from surrender, is closed.

Crl.M.P.No.1676 of 2016 in Dispense with the production of the certified copy of the lower Court judgment of the learned Judicial Magistrate, Mettupalayam in C.C.No.51 of 2009 dated 14.02.2013 is permitted.

Heard the learned counsel for the Revision Petitioner.

Admit this revision.

Notice to the respondent.

Private notice is also permitted.

Post after two weeks.