G.Kalaiyarasi v. S.Senthilkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL MISCELLANEOUS PETITION No.6583 of 2019 in CRL RC.NO.434 OF 2019 G.KALAIYARASI [ PETITIONER ] Vs S.SENTHILKUMAR [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.434 of 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner by the judgment dated 28.3.2019 passed in C.A.No.4/2019 on the file of the Principal Sessions Court, Erode confirming the judgment dated 10.12.2018 passed in S.T.C.No.135/2018 on the file of the Judicial Magistrate court (Fast Track Court No.I), Erode, pending disposal of the above Crl.RC.No.434 of 2019.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.434 of 2019 on the file of the High Court and upon hearing the arguments of MR.M/S.I.C.VASUDEVAN, Advocate for the petitioner, the court made the following order:- The Criminal Revision has been filed as against the Judgment passed by the learned Principal Sessions Court, Erode, in Crl.A.No.4 of 2019 dated 28.03.2019, confirming the judgement passed by the learned Judicial Magistrate Court (Fast Track Court No.I), Erode, in STC No.135 of 2018 dated 10.12.2018, convicting for the offence under Section 138 of Negotiable Instruments Act and sentencing to undergo one year simple imprisonment and ordered to pay compensation of cheque amount of Rs.4,00,000/- to the complainant in default to undergo two months simple imprisonment. Pending Revision, the petitioner has filed the above miscellaneous petition seeking suspension of substantive sentence of imprisonment and compensation.

2. Heard the learned counsel for the petitioner.

3. The sentence imposed by the Court below in STC No.135 of 2018 dated 10.12.2018, is suspended and the petitioner shall be enlarged on bail, subject to the following conditions :- (a) The petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees Two lakh only) in STC No.135 of 2018 dated 10.12.2018 on the file of Judicial Magistrate Court (Fast Track Court No.I), Erode, within a period of two weeks from the date of receipt of copy of this order.

(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 Court (Fast Track Court No.I), Erode. This bail bond shall be entertained only after the deposit of the money specified in clause (a). (c) The petitioner shall appear before the learned learned Judicial Magistrate Court (Fast Track Court No.I), Erode, 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) and (b), the order of interim suspension of sentence shall stand cancelled automatically without reference to this Court and the learned Judicial Magistrate Court (Fast Track Court No.I), Erode, shall immediately issue nonbailable warrant and secure the petitioner to serve the remaining sentence imposed against the petitioner.

-sd/- 09/05/2019 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 COURT(FAST TRACK COURT NO.I),ERODE.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE(FOR INFORMATION)

3 THE PRINCIPAL SESSIONS COURT, ERODE.

C.C. to M/S.I.C.VASUDEVAN Advocate on payment of necessary charges Order in CRL MP.6583/2019 in CRL RC.NO.434 OF 2019 Date :09/05/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format rvr 14/05/2019