Madras High CourtCRL MP/6299/2023ordered

Semalathamathi v. Sudhir

2023-04-28Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.M.P.No.6299 of 2023 in Crl.RC.No.821 of 2023 Mrs.Semalathamathi ...

Petitioner /vs/ Sudhir .. Respondent Prayer : Criminal Miscellaneous Petition filed under section 397 (1) and 401 of Cr.P.C., to suspend the sentence imposed in C.A.No.57 of 2022 on the file of the earned Sessions Division of the Nilgiris District at Udhagamandalam, dated 20.03.2022 confirming the conviction and sentence passed by the Judicial Magistrate, Fast Track Court at Magisterial Level,Coonoor in STC.No.27 of 2020, dated 31.10.2022 and enlarge the petitioner on bail. For Petitioner ... Mr.J. Franklin

ORDER

This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed on the petitioner by judgment dated 31.10.2022 in STC.No.27 of 2020 on the file of Judicial Magistrate, Fast 1/5

Track Court at Magisterial Level, Coonoor, which was confirmed by the Sessions Division of the Nilgiris District at Udhagamandalam by the judgment made in C.A.No.57 of 2022, dated 20.03.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition before this Court.

2. The petitioner was convicted and sentenced by the trial court on 31.10.2022 as follows:

Petitioner's Rank Provision under which convicted Sentence Sole accused U/s.138 of NI Act To undergo SI for six months and to pay a compensation of Rs.3,00,000/- to the complainant within three months from the date of judgment, failing which, to undergo SI for 2 months Aggrieved over the judgment of conviction and sentence imposed on the petitioner by the trial court, the petitioner preferred Criminal Appeal in Crl.A.No.57 of 2022 before the Sessions Division of the Nilgiris District at Udhagamandalam, wherein, the lower appellate court, by judgment dated 20.03.2022, confirmed the conviction and sentence imposed on the petitioner by the trial court. Challenging the above conviction and sentence, the petitioner has filed the present Crl.R.C. along with the instant miscellaneous 2/5

petition, seeking suspension of sentence and bail.

3. The learned counsel for the petitioner submitted that the judgment of the trial court is contrary to law, weight of evidence and probabilities of the case. The impugned order dated 20.03.2022 passed by the lower appellate court is erroneous, illegal and liable to be set aside. He further submitted that there are arguable points in this Revision and the petitioner has every chance to succeed in this Criminal Revision Case. Thus, he prayed for suspension of sentence till the disposal of this Criminal Revision case.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. 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.

6. Accordingly, the relief of suspension of sentence and bail is granted to the petitioner on the following conditions: 3/5

(i) The petitioner shall surrender before the Judicial Magistrate, Fast Track Court at Magisterial Level, Coonoor, 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 executing an own bond for a sum of Rs.10,000/-(Rupees ten thousand only) to the satisfaction of the abovesaid Court.

(ii) The petitioner shall affix his photograph and Left Thumb Impression in the bond and the abovesaid Court may obtain a copy of Aadhaar card or Bank pass Book to ensure the identity; and (iii) The petitioner shall appear before the trial Court as and when required.

28.04.2023 msr To

1. The Judicial Magistrate, Fast Track Court at Magisterial Level, Coonoor.

2. The Sessions Division of the Nilgiris District at Udhagamandalam 4/5

V.SIVAGNANAM, J.

msr Crl.M.P.No.6299 of 2023 in Crl.RC.No.821 of 2023 28.04.2023 5/5