J.Rathnabai, Aged 42 Years, v. C.K.Natarajan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Twenty Second day of February Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.230 of 2017 IN CRL RC.26/2017 J.RATHNABAI [ PETITIONER ] Vs C.K.NATARAJAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.26/2017 on the file of the High Court, the High Court will be pleased to suspend the sentence made in order 08.12.2016 in C.A.No.57 of 2015 on the file of 1st Additional District and Session Judge at Tiruppur in confirming the judgment dated 06.05.2015 in C.C.No.79 of 2013 on the file of Judicial Magistrate Court (Fast Track Court) at Tiruppur and pending CRL RC.26/2017 [IN CRL.MP.NO.
230 of 2017] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.26/2017 on the file of the High Court and upon hearing the arguments of NO APPEARANCE for the petitioner, the court made the following order:- The petitioner was convicted by the trial Court, namely the learned Judicial Magistrate Court (Fast Track Court), Tiruppur in C.C.No.79 of 2013, for an offence under Section 138 of Negotiable Instruments Act and sentenced to undergo one year rigorous imprisonment and to pay fine of Rs.1,000/- i/d to undergo one month S.I for the said offence.
Aggrieved over the same, the Criminal Appeal filed by the petitioner before the learned I Additional District and Sessions Judge, Tiruppur, was also dismissed by the Appellate Court confirming the conviction and sentence passed by the trial Court. Now the petitioner has come before this Court with this revision along with petition to suspend the sentence.
2. When the matter was called, there is no representation for the petitioner and perused the materials available on records.
3. This Court is not inclined to grant suspension of sentence as reasons stated in the affidavit for grant of suspension of sentence is not satisfactory.
4. Hence, this Court is not inclined to grant suspension of sentence. Accordingly, this petition is dismissed. -sd/- 22/02/2018 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] AT TIRUPPUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION] 3 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIRUPPUR.
C.C. to M/S.K.MYILSAMY Advocate on payment of necessary charges Order in CRL MP.230/2017 in CRL RC.26/2017 Date :22/02/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:28/02/2018