Padma Balaji Industries v. K.Rajaji
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.Shri Padma Balaji Industries, Rep.by Sujatha Venugopal, No.C-19-A, Cheran Nagar, G.N.Mills Post, Coimbatore-641 029.
2.Sujatha Venugopal ... Petitioners Vs.
K.Rajaji ... Respondent PRAYER : Criminal Miscellaneous Petition filed under Section 389 of Criminal Procedure Code, to suspend the sentence imposed on the petitioner in C.A.No.476 of 2018 on the file of the learned V Additional District and Sessions Judge, Coimbatore, dated 28.02.2023, confirming the judgment in C.C.No.255 of 2014 on the file of the learned Judicial Magistrate, Fast Track
Court, Magistrate Level No.1, Coimbatore, dated 09.10.2018, convicting the petitioner under Section 255(2) Cr.P.C for the offence under Section 138 of Negotiable Instruments Act, pending disposal of the criminal revision petition.
For Petitioners :
Mr.S.Suresh For Respondent : Mr.A.Parthasarathy
O R D E R
The Criminal Miscellaneous Petition has been filed to suspend the conviction and sentence imposed on the petitioners vide judgment dated 28.02.2023 passed in C.A.No.476 of 2018 by the learned V Additional District and Sessions Judge, Coimbatore, confirming the judgment dated 09.10.2018 passed in C.C.No.255 of 2014 by the learned Judicial Magistrate, Fast Track Court at Magistrate Level No.1, Coimbatore, pending disposal of the criminal revision case and enlarge the petitioners on bail.
2. The petitioners were convicted for the offence under Section 138 of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for the period of six months and to pay a fine of Rs.6,00,000/- within a period of two months, in default of payment of the compensation, to undergo simple imprisonment of two months, vide judgment dated 09.10.2018 in C.C.No.255 of 2014, against which, appeal was filed in C.A.No.476 of 2018 before the learned V Additional District and Sessions Judge, Coimbatore, and the same was dismissed. Aggrieved by the same, the revision petition has been filed along with the present petition to suspend the sentence.
3. The learned counsel for the revision petitioners would submit that there are lot of material contradictions in the evidence of the prosecution and the prosecution evidence is also highly unbelievable. It is further submitted that apprehending arrest, the present petition for suspension of sentence is filed and the petitioners are in jail from 17.02.2024.
4. 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, I am of the considered opinion that the petitioners are entitled for the relief of suspension of sentence.
5. Accordingly, the substantive sentence of imprisonment alone as against the petitioners is hereby suspended and they are directed to be released on bail on the following conditions: (a) the petitioners shall deposit 50% of the cheque amount to the credit of C.C.No.255 of 2014 on the file of the learned Judicial Magistrate, Fast Track Court at Magistrate Level No.1, Coimbatore, within a period of four weeks from the date of receipt of a copy of this order.
(b) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of the learned Judicial Magistrate, Fast Track Court @ Magisterial Level No.1, Coimbatore, along with two sureties for a like sum;
(c) the Petitioners shall report before the Court below on the first working day of every month at 10.30 AM, until further orders.
6. The Criminal Miscellaneous Petition is ordered accordingly. 21.06.2024 (2/2) NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb Note: Issue order copy by 21.06.2024
To
1. The learned Judicial Magistrate, Fast Track Court @ Magisterial Level No.1, Coimbatore.
2. The Superintendent, Central Prison, Coimbatore, Special Prison for Women.
3. The Public Prosecutor, Madras High Court, Madras.
M.DHANDAPANI, J.
ssb 21.06.2024 (2/2)