Madras High CourtCRL MP/5757/2021allowed

Uthirapathy v. Periyasamy

2021-05-06Honourable Mr Justice G.R.Swaminathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021

CORAM:

THE HONOURABLE Mr. JUSTICE G.R.SWAMINATHAN Crl.MP.No.5757 of 2021 in Crl.RC. No.295 of 2021 Uthirapathy

...Petitioner

-VsPeriyasamy

...Respondent

Criminal Miscellaneous Petition is filed under Section 397(1) of Cr.P.C. to suspend the sentence imposed on the petitioner vide judgment passed by the learned III Additional District Sessions Judge, Cuddalore at Virudhachalam in C.A.No.14 of 2018 dated 03.03.2021 affirming STC.No.210 of 2015 on the file of the Judicial Magistrate No.I, Virudhachalam, Cuddalore till the disposal of the above criminal revision petition.

For Petitioner : Mr.M.Senthilkumar

ORDER

The petitioner has been found concurrently guilty by the Courts below for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo one year simple imprisonment and to pay compensation of Rs.20,00,000/- within a period of three months, in default, to undergo one month Simple Imprisonment. Hence, the petitioner seeks suspension of sentence.

2. The learned counsel for the petitioner states that he will deposit a sum of Rs.2,00,000/- [Rupees Two lakhs only] to the credit of S.T.C.No.210 of 2015 on the file of the Judicial Magistrate No.I, Virudhachalam, Cuddalore District. He has no objection for the complainant to withdraw the same without prejudice to the contentions in the main revision case. The petitioner is granted eight(8) weeks time to deposit the said amount.

3. Having regard to the fact that there are arguable points involved in the revision and further, the revision is not likely to be taken up for final hearing in the near future and also considering the period of incarceration, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence. https://hcservices.ecourts.gov.in/hcservices/

4. Accordingly, the substantive sentence of imprisonment 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 the learned Judicial Magistrate-I, Virudhachalam, and on further condition that the petitioner shall appear before the said Court at 10.30 a.m. on the first working day of every English calender month pending revision.

5. Accordingly, this petition is ordered.

-sd/- 06/05/2021 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 JUDICIAL MAGISTRATE, NO.I, VIRUDHACHALAM, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT(FOR INFORMATION) 3 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHACHALAM, CUDDALORE DISTRICT.

C.C. to M/S.M.SENTHILKUMAR Advocate on payment of necessary charges Sr.6044 Order in CRL MP.5757/2021 in Crl.RC. No.295 of 2021 Date :06/05/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 13/05/2021 https://hcservices.ecourts.gov.in/hcservices/