Sakthivel v. S.Savakala

Crl.MP.No.6349 of 2024 and Crl.RC No.676 of 2024 M.DHANDAPANI.,J The Criminal Revision Petition has been filed as against the Judgment passed by the learned Judicial Magistrate, Ulundurpet in CMP.No.679 of 2023 in MC.No.3 of 2024, directing the petitioner to pay arrears for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the respondents and imposed sentence.

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

3. The petitioner had filed Crl.RC.No.676 of 2024 against the conviction and sentence imposed in M.C.No.3 of 2021, on the file of learned Judicial Magistrate II, Ulundurpet whereby the petitioner was directed to pay a sum of Rs.10,000/- per month and Rs.50,000/- per year to the fist respondent towards maintenance, medical, dress etc., and Rs.5000/- per month as maintenance, Rs.5,000/- per month towards educational expenses and Rs.50,000/- per year towards medical, dress etc., The petitioner has not paid the maintenance amount. Therefore, the respondents have filed CMP.No.6759/2023 and the learned Magistrate vide order dated 22.03.2024 in CMP No.679/2023 in MC.No.3/2021 ordered the petitioner to undergo 25 days simple imprisonment for each default

month. Accordingly, the petitioner shall undergo 625 days simple imprisonment in toto. Now, the petitioner has to pay a sum of Rs.5,00,000/- to the respondents as per the order dated 22.03.2024. Challenging the said order, the petitioner has filed Crl. RC.No.676 of 2024 before this Court.

Considering the facts and circumstances of the case and also of the fact that the petitioner has come forward to settle the amount as ordered by the trial Court. Hence, this Court is inclined to suspend the sentence subject to following conditions :- (a) The petitioner is directed to deposit a sum of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) in M.C.No3/2021 on the file of learned Judicial Magistrate No.II, Ulundurpet, on or before 22.04.2024.

(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 II, Ulundurpet. This bail bond shall be entertained only after the deposit of the money specified in clause (a).

(c) The petitioner is directed to pay the remaining sum of Rs.2,50,000/-(Rupees Two lakhs fifty thousand only) in M.C.No3/2021 on the file of learned Judicial Magistrate No.II, Ulundurpet within a period of three weeks from the date on which the first installment of Rs.2,50,000/- is paid by the petitioner. (c) The petitioner shall appear before the learned Judicial Magistrate II, Ulundurpet 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), (b) and (c), the order of interim suspension of sentence shall stand cancelled automatically without any further reference to this Court and the learned Judicial Magistrate II, Ulundurpet shall immediately issue non-bailable warrant and secure the petitioner to serve the remaining sentence imposed against him. "

4.

Accordingly, this petition is ordered with the above conditions. 12.04.2024 rli

M.DHANDAPANI.,J rli Crl.MP.No.6349 of 2024 and Crl.RC No.676 of 2024 12.04.2024