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Madras High CourtCRL MP/3544/2016allowed

R.Srinivasan v. M/S.Sun Chemicals

2016-03-28Honourable Dr. Justice P. Devadass5 pages

Crl.M.P.No.3544 of 2016 in Crl.R.C. No.520 of 2016 DR.P.DEVADASS , J.

The petitioner Srinivasan, who is the appellant in C.A.No.18 of 2014 on the file of the learned I Additional District and Sessions Judge, Coimbatore which has been preferred as against the judgment in C.C.No.44 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court No.1 (at Magistrate Level), Coimbatore, seeks suspension of his sentence of imprisonment. 2.

This matter arises out of a cheque bouncing case under section 138 of the Negotiable Instruments Act in C.C.No.44 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court No.1 (at Magistrate Level), Coimbatore. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to six months R.I. and to pay fine of Rs.5,000/- in default to undergo 3 months S.I. It was confirmed by the learned I Additional District and Sessions Judge, Coimbatore in C.A.No.18 of 2014.

3. Upon hearing the arguments of the learned counsel for the revision petitioner and on perusing the judgment of the Trial Court and the materials on record, I find prima facie case. His sentence was suspended by the Trial Court and also by the Appellate Court. It is a fact that it will take some time for the disposal of this criminal revision. In the circumstances, I am inclined to grant

him bail under section 397 Cr.P.C.

4. Ordered as under :

(i) Bail granted.

(ii) His sentence of imprisonment alone is suspended. (iii) There shall be two sureties, they and the petitioner shall execute a bond for Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the learned Judicial Magistrate, Fast Track Court No.1 (at Magistrate Level), Coimbatore (iv) Petitioner shall appear before the said Magistrate on the first working day of every month at 10.30 a.m. until further orders. 28.03.2016 (2/2) To

1. The I Additional District and Sessions Judge, Coimbatore.

2. The Judicial Magistrate, Fast Track Court No.1 (at Magistrate Level), Coimbatore.

Dr.P.DEVADASS , J.

Crl.

M.P.No.3544 of 2016 in Crl.R.C.No.520 of 2016 (2/2) 28.3.2016

Crl.R.C.No.520 of 2016 Dr. P.DEVADASS, J.

Heard the learned counsel for the Revision Petitioner.

Admit this revision.

Send Notice to the respondent.

Private Notice is also permitted.

Affidavit of Service to be filed.

Typed set of balance documents shall be filed.

Post after four weeks.

28.03.2016 (1/2)