A.Rajendran, M/A-55 Years v. K.Padmanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Second day of February Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.13491 of 2017 IN CRL RC.1384/2017 A.RAJENDRAN [ PETITIONER ] Vs K.PADMANATHAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.1384/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner on bail by the Judgment of the learned I Additional District and sessions Judge, Tiruppur in C.A.No.116 of 2016 dated 09.08.2017 confirming the conviction and sentence passed by the learned Judicial magistrate cum Fast Track Court, Tiruppur in C.C.No.125 of 2012 dated 24.10.2016, CRL RC.

1384/2017 Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.1384/2017 on the file of the High Court and upon hearing the arguments of M/S.N.RAMESH, Advocate for the petitioner, the Respondent the court made the following order:- Petitioner was convicted for offences under Section 138 of Negotiable Instruments Act and sentenced to undergo one year S.I and to pay a fine of Rs.1,000/- i/d to undergo one month S.I. by learned Judicial Magistrate cum Fast Track Court, Tiruppur under judgment in C.C.No.125 of 2012 dated 24.10.2016. The appeal preferred by petitioner in C.A.No.116 of 2016 on the file of the learned I Additional District and Sessions Judge, Tiruppur, came to be dismissed under judgment dated 09.08.2017. Hence, petitioner seeks suspension of sentence.

2. Learned counsel for petitioner would submit that there are several infirmities and inconsistencies found in the case. It is contended that there are contradictions in the material particulars between the evidence of the witnesses. It is further represented that there is no precondition requiring the petitioner's surrender or being in confinement in availing the relief of suspension of sentence under Section 397 Cr.P.C. in exercise of revisional powers by this Court. The decisions of the Honourable Apex Court in BIHARI PRASAD SINGH VS STATE OF BIHAR AND ANOTHER (2000 SCC (Cri) 1380) and that of the IBRAHIM VS STATE OF KERALA (1979 KLT 857) are relied upon in this regard.

3. Heard, the learned counsel for petitioner.

4. The above decisions have been relied upon time and again by this Court towards reaching the conclusion that in moving a revision against conviction, the accused need not surrender and undergo confinement before seeking the relief of suspension of sentence pending disposal of the Criminal Revision.

5. Therefore, in view of the fact that there are several infirmities in the case and there are arguable points involved in the revision, as contended by learned counsel for petitioners, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

6. 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 learned Judicial Magistrate, Tiruppur, and on further condition that the petitioner shall deposit 50% of the cheque amount before the learned Judicial Magistrate, Tiruppur, within a period of four weeks and also the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision.

-sd/- 22/02/2018 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 I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR.

2 THE JUDICIAL MAGISTRATE, CUM FAST TRACK COURT, TIRUPPUR.

3 THE JUDICIAL MAGISTRATE, TIRUPPUR.

4 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION]

+1C.C. to M/S.N.RAMESH Advocate on payment of necessary charges SR NO.3761 Order in CRL MP.13491/2017 in CRL RC.1384/2017 Date :22/02/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:23/02/2018