V.K.P.Sakthivel v. Ravindran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.04.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.5437 of 2023 in Crl.RC.No.700 of 2023 V.K.P.sakthivel ...

Petitioner /vs/ Ravindran .. Respondent Prayer : Criminal Miscellaneous Petition filed under section 397(1) of Cr.P.C., to suspend the sentence imposed in the judgment passed in Crl.A.No.46 of 2020, dated 04.11.2022 on the file of II Additional Sessions Judge, Salem in confirming the order of conviction dted 13.07.2020 passed in STC.No.94 of 2017 on the file of Judicial Magistrate No.I, Salem and enlarge the petitioner on bail pending disposal of Criminal revision Case. For Petitioner ... Mr. R. Sreedhar

ORDER

This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence of conviction and sentence dated 13.07.2020 imposed on the petitioner by the Judicial Magistrate No.I, Salem in STC.No.94 of 2017, which was confirmed by the II Additional Sessions Judge, Salem by 1/5

judgment dated 04.11.2022 in C.A.No.46 of 2020 and enlarge the petitioner on bail pending disposal of Criminal Revision Case.

2. The petitioner, who was the sole accused in STC.No.94 of 2017 was convicted and sentenced by the trial court as follows: Petitioner's Rank Provision under which convicted Sentence Sole accused U/s.138 of NI Act To undergo RI for two years and to pay sum of Rs.22,90,000/- to the complainant as compensation within two months from the date of judgment, in default in payment, to undergo SI for 6 months.

The judgment of conviction and sentence imposed on the petitioner by the trial court was confirmed by the II Additional Sessions Judge, Salem in C.A. No.46 of 2020, dated 04.11.2022. Challenging the above conviction and sentence, the petitioner has filed Crl.R.C. along with the instant miscellaneous petition, seeking suspension of sentence and bail.

3. The learned counsel for the petitioner submitted that the judgment of the trial court and the lower appellate court is contrary to law, weight of evidence and probabilities of the case. He would further submit that there are arguable points in this Revision and the petitioner has every chance to 2/5

succeed in this Criminal Revision Case. Thus, he prayed for suspension of sentence till the disposal of this Criminal Revision Petition.

4. The petitioner has raised substantial grounds in the Revision which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and bail.

5. Accordingly, the relief of suspension of sentence and bail is granted to the petitioner on the following conditions: (i) The petitioner shall surrender before the Judicial Magistrate No.I, Salem, within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner is ordered to be released on bail on his executing an own bond for a sum of Rs.10,000/-(Rupees ten thousand only) to the satisfaction of the above said Court.

(ii) The petitioner shall affix his photograph and Left Thumb Impression in the bond and the above said Court may obtain a copy of his Aadhaar card or Bank pass Book to ensure his identity; and;

(iii) The petitioner shall appear before the trial Court as and 3/5

when required.

19.04.2023 msr To 1.The Judicial Magistrate I, Salem.

2.The II Addl. Sessions Judge, Salem V.SIVAGNANAM, J.

msr 4/5

Crl.M.P.No.5437 of 2023 in Crl.RC.No.700 of 2023 19.04.2023 5/5