U.Raja v. C.Vanaja

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.6526 of 2019 AND CRL.RC.NO.425 OF 2019 U.RAJA [ PETITIONER / APPELLANT ] Vs C.VANAJA [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.RC.NO.425 OF 2019 on the file of the High Court, the High Court will be pleased to suspend the sentence of imprisonment imposed in the judgment dated 09.02.2017 made in S.T.C.No 1161 of 2013 on the file of the Judicial Magistrate No.I of Mannargudi and the same was modified by judgment dated 15.03.2019 made in C.A.No.

12 of 2017 on the file of the learned Additional Sessions Judge, (Fast Track Mahila Court) of Thiruvarur and enlarge the petitioner on bail pending disposal of the above CRL.RC.NO.425 OF 2019 [IN CRL.MP.NO.6526 OF 2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.RC.NO.425 OF 2019 on the file of the High Court and upon hearing the arguments of M/S.K.JAYARAMAN, Advocate for the petitioner, the court made the following order:- The Criminal Revision has been filed as against the Judgment passed by the learned Additional Sessions Court, Fast Track Mahila Court Tiruvarur in Crl.A.No.12 of 2017 dated 15.03.2019, modifying the order passed by the learned Judicial Magistrate No.I, Mannargudi in STC.No.1161 of 2013 dated 09.02.

2017, and thereby, convicted the petitioner for an offence under Section 138 of Negotiable Instrument Act and sentenced to undergo 11 months imprisonment and also set aside the compensation of Rs.7,50,000/-. Pending Revision, the petitioner has filed the above miscellaneous petition seeking suspension of substantive sentence of imprisonment.

2. Heard the learned counsel for the petitioner.

3. The sentence imposed by the Court below in Crl.A.12 of 2017 dated 15.03.2019, is hereby 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.3,75,000/- (Rupees Three lakhs seventy five thousand only) in STC.No.1161 of 2013 on the file of learned Judicial Magistrate No.I, Mannargudi, within a period of four 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 No.I, Mannargudi. 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 No.1, Tirupur, 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 No.I, Mannargudi, shall immediately issue non-bailable 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, NO.I, MANNARGUDI.

2 THE JUDICIAL MAGISTRATE, NO.I, TIRUPPUR.

3 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] THE ADDITIONAL SESSIONS COURT, [FAST TRACK MAHILA COURT], TIRUVARUR.

C.C. to M/S.K.JAYARAMAN Advocate on payment of necessary charges Order in CRL MP.6526/2019 in CRL.RC.425/2019 Date :09/05/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:14/05/2019