A.V.K.Umapathy v. B.Rajeswaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.R.SWAMINATHAN Crl.M.P.No.5695 of 2021 in Crl.R.C No.277 of 2021 A.V.K.Umapathy

...Petitioner

-VsB.Rajewaran

...Respondent

Criminal Miscellaneous Petition is filed under Section 397(1) of Cr.P.C. to suspend the sentence imposed on the petitioner by the Judicial Magistrate, Madurantakam in its Judgment dated 01.03.2019 made in C.C.No.150 of 2008 on the file of the Judicial Magistrate, Madurantakam and the same was confirmed by the lower appellate Court in C.A.No.20 of 2019 dated 05.02.2021 on the file of the Principal Sessions Judge, Chengalpattu and enlarge the petitioner on bail pending disposal of the above Revision Case.

For Petitioner : Mr.S.Sivakumar

ORDER

The petitioner was found guilty by both the Courts below for an offence under Section 138 of Negotiable Instruments Act and was sentenced to undergo Six months simple imprisonment and to pay a fine of Rs.5,00,000/-, to the complainant within 30 days. Hence, the petitioner seeks suspension of sentence.

2. The learned counsel for the petitioner submitted that the petitioner had already deposited a sum of Rs.1,25,000/- to the credit of C.C.No.150 of 2008 on the file of the learned Judicial Magistrate, Madurantakam. The petitioner has no objection for the complainant to withdraw the said amount. Of course, this is without prejudice to petitioners' contentions in this revision petition. https://hcservices.ecourts.gov.in/hcservices/

3. Having regard to the fact that there are arguable points involved in the revision and further, the revision is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.

4. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Madurantakam, and on further condition that the petitioner shall appear before the said Court at 10.30 a.m. on the first working day of every week, pending revision.

5. Accordingly, this petition is ordered.

-sd/- 06/05/2021 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, CHENGALPATTU.

2 THE JUDICIAL MAGISTRATE, MADURANTAKAM.

3 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] +1 C.C. to M/S.S.SIVAKUMAR Advocate on payment of necessary charges SR.No.5834 Order in CRL MP.5695/2021 in CRL.RC.277/2021 Date :06/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 25/05/2021 https://hcservices.ecourts.gov.in/hcservices/