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Madras High CourtCRL MP/4021/2016allowed

V.P.Govindaraj v. P.Senthilkumar

2016-04-06Honourable Dr. Justice P. Devadass5 pages

Crl.M.P.No.4021 of 2016 in Crl.R.C. No.587 of 2016 DR.P.DEVADASS , J.

The petitioner, who is the appellant in C.A.No.14 of 2014 on the file of the III Additional Sessions Judge, Vellore at Tirupattur which has been preferred as against the judgment in C.C.No.194 of 2008 on the file of the learned Judicial Magistrate No.I, Tirupattur, Vellore District 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.194 of 2008 on the file of the learned Judicial Magistrate No.I, Tirupattur, Vellore District. He was convicted under section 138 of the Negotiable Instruments Act and sentenced to 6 months S.I. It was confirmed by the learned III Additional Sessions Judge, Vellore at Tirupattur in C.A.No.14 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 the criminal revision. In the circumstances, I am inclined to grant him bail under section 397 Cr.P.C.

Dr.P.DEVADASS , J.

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 No.I, Tirupattur, Vellore District. (iv) Petitioner shall appear before the said Magistrate on the first working day of every month at 10.30 a.m. until further orders. To

1. The XVI Additional Sessions Judge, City Civil Court, Chennai.

2. The Judicial Magistrate No.I, Tirupattur, Vellore District.

Crl.M.P.No.4021 of 2016 in Crl.R.C.No.587 of 2016

Crl.M.P.No.4023 of 2016 in In view of the order passed in Crl.M.P.No.4021 of 2016 in Crl.R.C.No.587 of 2016 granting suspension of sentence, this petition seeking exemption from surrender, is closed.

Crl.M.P.No.4022 of 2016 in Dispense with the production of the Original certified copy of the judgment passed in C.C.No.194 of 2008 of the learned Judicial Magistrate No.I, Tirupattur, Vellore District is permitted.

Heard the learned counsel for the Revision Petitioner.

Admit this revision.

Notice to the respondent.

Private Notice is also permitted.

AOS to be filed.

Post after four weeks.