Venkatesh v. Mohan

K.KUMARESH BABU, J.

This Criminal Miscellaneous Petition has been filed by the petitioner seeking suspension of sentence of imprisonment imposed by the learned Principal District and Sessions Judge, Dharmapuri vide judgment dated 15.02.2024 made in Crl.A.No.11 of 2023 and confirmed the judgement made in S.T.C.No.29 of 2019 on the file of the learned Judicial Magistrate (FTC), Dharmapuri dated 01.04.2022 and enlarge the petitioner on bail pending disposal of the above Revision.

2. By the said judgment, the petitioner was convicted for the offences under Section 138 of Negotiable Instruments Act, and was convicted and sentenced to undergo simple imprisonment for a period of one month. Further the petitioner was directed to pay the cheque amount of Rs.26,000/- as compensation to the complainant within a period of two months in default to undergo one month simple imprisonment Against which, the present Revision is filed along with suspension of sentence petition.

3. The learned counsel for the petitioner submitted that all the fine

amounts imposed by the trial Court have been paid by the petitioner. He further submitted that the petitioner has relied upon certain documents before this Court. Therefore, he prays for grant of suspension of sentence to the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the respondent has opposed for grant of suspension of sentence to the petitioner.

5. Heard both sides.

6. The petitioner has raised substantial grounds in the Revision, which requires detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence and grant of bail. 7.Considering the facts and circumstances of the case and the submissions made by the learned counsel appearing for the parties, this Court is of the view that the sentences of imprisonment imposed on the petitioner, shall be suspended and bail is granted to the petitioner. Accordingly, pending disposal of the Criminal Revision, the substantive sentences of imprisonment alone are suspended and the petitioner shall be enlarged on bail on executing a

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 Principal District and Sessions Judge, Dharmapuri. The petitioner is further directed to appear before the said learned Principal District and Sessions Judge, Dharmapuri, on the first working day of every month at 10.30 a.m. until further orders.

8. This petition is ordered accordingly.

09.05.2024 (2/2) kas Copy to :

The Principal District and Sessions Judge Dharmapuri

K.KUMARESH BABU, J.

kas 09.05.2024 (2/2)