R.Murugan v. N.Vasantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6482 of 2019 IN CRL.R.C.NO.420 of 2019 R.MURUGAN [ PETITIONER ] Vs N.VASANTHA [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To suspend the sentence imposed on the petitioner by judgment dated 28.02.2019 made in C.A No.129 of 2018 on the file of the Learned III Additional Sessions Judge, Salem reversing judgment dated 06.08.2018 made in S.T.C.No.247 of 2016 on the file of the Judicial Magistrate No.II, Salem pending disposal of the above Crl.R.C.No.420 of 2019.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.B.KUMARASAMY, Advocate for the petitioner, the court made the following order:- The Criminal Revision has been filed as against the Judgment passed by the learned III Additional Sessions Judge, Salem in Crl.A.No.129 of 2018 dated 28.02.2019, reversing the acquittal order passed by the learned Judicial Magistrate No.II, Salem in STC No.247 of 2016 dated 06.08.2018 and thereby, convicted the petitioner under Section 138 of Negotiable Instrument Act and Under Section 255(2) of Cr.Pc and sentenced him to undergo six months simple imprisonment and further directed to pay a sum of Rs.2,00,000/- as compensation to the complainant. Pending Revision, the petitioner has filed the above miscellaneous petition seeking suspension of substantive sentence of imprisonment.

2. Heard the learned counsel for the petitioner.

3. The sentence imposed by the Court below in C.A.No.129 of 2018 dated 28.02.2019 is suspended and the petitioner shall be enlarged on bail, subject to the following conditions :- (a) The petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One lakh only) in STC No.247 of 2016 on the file of learned Judicial Magistrate No.II, Salem, within a period of two weeks from the date of receipt of copy of this order. (b) The petitioner shall execute a bail 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 No.II, Salem. This bail bond shall be entertained only after the deposit of the money specified in clause (a). (c) The petitioner shall appear before the learned learned Judicial Magistrate No.

II, Salem, on the first working day of every English Calendar Month at 10.30 am, until further orders. (d) If the petitioner fails to deposit the amount and execute the bail bond as stipulated in Clause (a) and (b), the order of interim suspension of sentence shall stand cancelled automatically without reference to this Court and the learned learned Judicial Magistrate No.II, Salem, shall immediately issue non-bailable warrant and secure the petitioner to serve the remaining sentence imposed against the petitioner.

-sd/- 09/05/2019 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 III ADDITIIONAL SESSIONS JUDGE, SALEM.

2 THE JUDICIAL MAGISTRATE, NO.II, SALEM.

3 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION]

+1 C.C. to M/S.B.KUMARASAMY Advocate on payment of necessary charges SR.NO.9624 Order in CRL MP.6482/2019 in CRL.R.C.NO.420/2019 Date :09/05/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-14/05/2019