Kolanji v. Bakthavachallam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Crl.M.P.Nos.5589 & 5591 of 2022 in Crl.R.C.No.549 of 2022 Kolanji, ... Petitioner / S/o.Sabapathi Accused [in both Crl.M.Ps] versus Bakthavachallam, ... Respondent / S/o.Mannur Complainant [in both Crl.M.Ps] COMMON PRAYER: Criminal Miscellaneous Petitions have been filed under Sections 397 (1) & 482 of Cr.P.C., praying to suspend the sentence imposed on the petitioner by the learned III Additional District and Sessions Judge, Kallakurichi, in C.A.No.18 of 2019 dated 17.02.2022, by confirming the judgment passed by the learned Judicial Magistrate, Fast Track Court, Kallakurichi, in C.C.No.245 of 2016 dated 14.12.2018 and enlarge the petitioner and to exempt the petitioner from surrendering before the trial Court.

For Petitioner : Mr.S.Nedunchezhiyan [in both Crl.M.Ps] C O M M O N O R D E R These Criminal Miscellaneous Petitions have been filed by the petitioner/accused, seeking suspension of sentence imposed upon the petitioner in C.A.No.18 of 2019 dated 17.02.2022 by the learned III Additional District and Sessions Judge, Kallakurichi, by confirming the judgment and sentence passed in C.C.No.245 of 2016 dated 14.12.2018 by the learned Judicial Magistrate, Fast Track Court, Kallakurichi and enlarge the petitioner on bail and seeking to exempt the petitioner from surrendering before the trial court. 2.

The petitioner herein is the accused in C.C.No.245 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court, Kallakurichi. He was found guilty of the offence under Section 138 r/w 142 of NI Act and has been convicted and sentenced as under:

Offence Sentence Section 138 r/w 142 of NI Act Simple Imprisonment for a period of 1 year and to pay a fine of Rs.7,50,000/-, in default, to undergo Simple Imprisonment for 3 months Aggrieved against the same, the petitioner had filed appeal in C.A.No.18 of 2019 and the learned III Additional District and Sessions Judge, Kallakurichi, by judgment dated 17.02.2022 had dismissed the appeal and confirmed the conviction and sentence, against which the present revision has been filed. 3.

According to the learned counsel for the petitioner/accused, there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended and the petitioner may be exempted from surrendering before the trial Court. He would submit that the petitioner is ready to abide the condition imposed by this Court.

4.

Heard the learned counsel appearing for the petitioner and also perused the materials placed on record. 5.

Considering the facts and circumstances of the case, also considering the submissions of the learned counsel for the petitioner, further this revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision case, the reliefs of suspension of sentence, exemption from surrendering and bail are granted on the following conditions: (a) The petitioner/accused shall deposit Rs.3,75,000/- [Rupees Three Lakhs Seventy Five Thousand only] (50% of the cheque amount of Rs.7,50,000/-), to the credit of C.C.No.245 of 2016 before the trial court i.e.

the learned Judicial Magistrate, Fast Track Court, Kallakurichi, and on such deposit being made, the trial Court shall redeposit the said amount in a fixed deposit account in any nationalized bank, so that the amount accrues interest. The disbursal of this amount shall be decided at the culmination of the criminal revision case. Thereafter, the petitioner/accused is ordered to be released on bail, on his executing a bond for a sum of Rs.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities; and (c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the appeal and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

6.

With the above directions, these Criminal Miscellaneous Petitions are ordered.

7.

Post these matters on 15.06.2022 "for reporting compliance".

-sd/- 27/04/2022 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 ADDITIONAL DISTRICT AND SESSIONS JUDGE, KALLAKURICHI.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, KALLAKURICHI.

3 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT. [FOR INFORMATION] 4 THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS.

C.C. to M/S. S.NEDUNCHEZHIYAN Advocate on payment of necessary charges Order in CRL MP.Nos.5589 & 5591 of 2022 in Crl.R.C.No.549 of 2022 Date :27/04/2022 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RW 28/04/2022