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Madras High CourtCRL MP/15067/2017ordered

Vaagai Business Services And v. J.Prabhu

2017-11-30Honourable Dr. Justice S. Vimala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Thirtieth day of November Two Thousand Seventeen PRESENT The Hon`ble Dr. Justice S. VIMALA CRIMINAL MISCELLANEOUS PETITION Nos.15067 to 15069 of 2017 IN CRL RC.Nos.1509 to to 1511/2017 VAAGAI BUSINESS SERVICES AND [ PETITIONER IN ALL THE PETITIONS] EDUCATION PVT.LTD., REP BY ITS CHIEF EXECUTIVE OFFICER, E.SATHISH DAVID, Vs J.PRABHU [ RESPONDENT IN ALL THE PETITIONS] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.RC.Nos.15067 to 15069/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed against the petitioner by the Learned Judicial Magistrate, Fast Track Court-II, Erode in S.T.C.Nos.51, 253 and 34 of 2016 dated 14.02.2017 as confirmed by the Judgment of the IInd Additional Sessions Judge, Erode in C.A.Nos.62, 63 and 61 of 2017 dated 24.07.2017 pending disposal of the above Crl.RC.Nos.1509 to 1511/2017.

Order : These petitions coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.Nos.1509 to 1511 of 2017 on the file of the High Court and upon hearing the arguments of M/S.GOWTHAMAN, Advocate for the petitioner ( IN ALL THE PETITIONS) the court made the following order:- Relationship between the complainant and the accused is stated to be that of employee and employer. It is the claim of the complainant that the amounts due towards the salary have been issued and insofar as the cheques that are in issue are concerned, it is the contention of the learned counsel for the accused that the cheques were issued only for the performance of the works related to the business and not with regard to salary.

Considering the submissions advanced by the learned counsel for the accused, there shall be an order of interim stay on condition that the accused deposits 25% of the amount due under each of the cheques within a period of three weeks from the date of receipt of a copy of this order, failing which the interim stay granted above shall stand automatically dismissed without further reference to this Court.

Notice.

-sd/- 30/11/2017 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, FAST TRACK COURT-II, ERODE.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE. [FOR INFORMATION] 3 THE IIND ADDITIONAL SESSIONS JUDGE, ERODE.

+3 C.C. to M/S.T.GOWTHAMAN Advocate on payment of necessary charges-Sr.Nos.22024, 22025 and 22026 Order in CRL MP.Nos.15067 to 15069/2017 in CRL RC.Nos.1509 to 1511/2017 Date :30/11/2017 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 07.12.2017