Sridevi v. R.Karthick

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.6607 of 2019 IN CRL RC.439/2019 SRIDEVI [ PETITIONER/APPELLANT/ACCUSED ] Vs R.KARTHICK [ RESPONDENT/COMPLAINANT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To suspend the sentence imposed by the Learned III Additional District and Sessions Judge, Thiruvallur at Poonamallee in C.A.No.97 of 2018 dated 18.02.2019 by confirming order in CC No.184/2017 on the judicial Magistrate fast track court Ambattur and enlarge the petitioner/Appellant/Accused in bail pending above Crl.R.C.No.439 of 2019.

Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.V.G.ANBARASU, Advocate for the petitioner, the court made the following order:- The Criminal Revision has been filed as against the Judgment passed by the learned III Additional District and Sessions Judge, Thiruvallur at Poonamallee in C.A.No.97 of 2018 dated 18.02.2019, confirming the judgment passed by the learned Judicial Magistrate Court (Fast Track Court No.I), Ambattur, in C.C.No.184 of 2017 dated 24.05.2018, convicting the petitioner for the offence under Section 138 of Negotiable Instruments Act and sentencing him to undergo 5 months simple imprisonment and directing him to pay compensation amount of Rs.8,85,000/- to the complainant, within two months and 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.

2. Heard the learned counsel for the petitioner.

3. The sentence imposed by the Court below in C.C.No.184 of 2017 dated 24.05.2018, 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.4,42,500/- (Rupees four lakhs forty two thousand and five hundred only) in CC.No.184 of 2017 on the file of learned Judicial Magistrate Court (Fast Track Court No.I), Ambattur, 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 Court (Fast Track Court No.I), Ambattur. 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 Judicial Magistrate Court (Fast Track Court No.I), Ambattur, 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), Ambattur, 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 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, THIRUVALLUR 2 THE JUDICIAL MAGISTRATE COURT, (FAST TRACK COURT NO.I) AMBATTUR.

3 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION]

+1 C.C. to M/S.V.G.ANBARASU Advocate on payment of necessary charges SR.NO.9491 Order in CRL MP.6607/2019 in CRL RC.439/2019 Date :09/05/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-14/05/2019