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Madras High CourtCRL MP/18124/2023ordered

Rajarathinam v. Xavier

2023-11-10Honourable Mr Justice M. Nirmal Kumar8 pages

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.11.2023

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR in Crl.R.C.Nos.1947, 1948 & 1938 of 2023 Rajarathinam S/o.Rajappa Gounder ... Petitioner in all Crl.M.Ps.

Vs.

Xavier Proprietor of Rabeeth Advertising Agencies, Rep by its Manager/Power of Attorney Viji, No.364/103, C.Narayanapillai Street, Peramanur, Salem - 636 007.

... Respondent in all Crl.M.Ps.

PRAYER in Crl.M.P.No.18124 of 2023: Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C to suspend the sentence of imprisonment imposed by an order dated 01.09.2018 passed in S.T.C.No.263 of 2016, on the file of the Judicial Magistrate No.II, Salem by convicting the petitioner six months simple imprisonment as confirmed by an order dated 10.03.2021 passed in C.A.No.5 of 2019, on the file of III Additional District Judge, Salem and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Case.

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PRAYER in Crl.M.P.No.18125 of 2023: Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C to suspend the sentence of imprisonment imposed in the judgment dated 22.03.2019 in Crl.A.No.124 of 2017 on the file of II Additional District and Sessions Judge of Salem confirming the judgment dated 23.10.2017 made in S.T.C.No.265 of 2016, on the file of the Judicial Magistrate No.II, Salem and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Case. PRAYER in Crl.M.P.No.18078 of 2023: Criminal Miscellaneous Petition has been filed under Section 389(1) of Cr.P.C to suspend the sentence imposed by an order dated 01.09.2018 passed in S.T.C.No.264 of 2016, on the file of the Judicial Magistrate No.II, Salem by convicting the petitioner six months simple imprisonment as confirmed by an order dated 10.03.2021 passed in C.A.No.4 of 2019, on the file of III Additional District Judge, Salem and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Case.

For Petitioner : Mr.P.Babu in all Crl.M.Ps.

For Respondent : Ms.M.H.Anushia in all Crl.M.Ps.

for M/s.Elizabeth Ravi COMMON ORDER These Criminal Miscellaneous Petitions have been filed by the petitioner/accused, seeking suspension of sentence and bail pending disposal of the above revisions.

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2.The petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act in a complaint filed by the respondent. The respondent/complainant in all the three cases are one and the same. The respondent herein filed three cases against the petitioner before the learned Judicial Magistrate No.II, Salem in S.T.C.Nos.263, 265 and 264 of 2016, respectively. The cheque amount involved in three cases are Rs.5,00,000/-, Rs.5,00,000/- and Rs.15,00,000/-, in total Rs.25,00,000/-. The petitioner was convicted by the trial Court, against which, he preferred an appeal in C.A.Nos.5 of 2019, 124 of 2017 and 4 of 2019, respectively before the Sessions Court. The appeals got dismissed. Thereafter, the same has not been challenged by way of revision before this Court.

Since the conviction of the petitioner confirmed, the respondent took steps to execute Non Bailable Warrant against the petitioner. In the meanwhile, the present revisions have been filed by the petitioner as stated above. 3.Learned counsel for the petitioner submitted that the petitioner settled the cheque amount of Rs.25,00,000/- (Rupees Twenty Five lakhs only) to the respondent pertaining to all the three cases.

the respondent is present before this Court and confirms the same. It is also submitted that the petitioner is a heart patient and underwent open heart surgery during January 2023 and he is under constant medical observation and medication. He further submitted that pursuant to the remand of the petitioner in all the cases on 30.10.2023, he is now confined in Central Prison, Coimbatore. Now the issue has been settled between the petitioner and the respondent.

4.Learned counsel for the respondent submits that the respondent is in Salem and seeks small accommodation to file a petition under Section 147 of N.I. Act to compound the offence.

5.Both the counsels agree to file a compound petition before this Court, which has been recorded in the remand order. A scanned reproduction of the same is as follows:

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6.In view of the settlement arrived at between the petitioner/accused and the respondent/complainant, this Court is inclined to suspend the sentence imposed on the petitioner. Learned counsel for the respondent has got no objection in granting bail to the petitioner. 7.Accordingly, the Substantive Sentence of Imprisonment imposed on the petitioner is suspended till the disposal of the revision. The petitioner is directed to execute own bond for a sum of Rs.5,000/- (Rupees Five thousand only) before the Superintendent of Prison, Central Prison, Coimbatore and the petitioner is ordered to be released on execution of own bond. 8.Accordingly, these Criminal Miscellaneous Petitions are ordered. 9.Post the revision petitions on 20.11.2023 for filing petition under Section 147 of NI Act for compounding the offence. 10.11.2023 (3/3) rsi Note: Issue order copy on 10.11.2023.

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M. NIRMAL KUMAR , J.

rsi To 1.The Judicial Magistrate No.II, Salem.

2.The III Additional District Judge, Salem.

3.The II Additional District and Sessions Judge, Salem.

4.The Superintendent of Prison, Central Prison, Coimbatore.

5.The Public Prosecutor, High Court, Madras.

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