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Madras High CourtCRL MP/6801/2020ordered

Jagatheeswaran v. N.Eswaramoorthy (Deceased)

2020-12-17Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.M.P.No.6801 of 2020 in CRL.R.C.No.975 of 2020 Jagatheeswaran .. Petitioner /versus/ N.Eswaramoorthy (Deceased) .. Respondent Substituted by his wife E.Rathika Rani Prayer: Criminal Miscellaneous Petition filed under Section 482 of Cr.P.C., praying to exempt the petitioner from surrendering before the Judicial Magistrate, Fast Track Court at Magisterial Level II, Coimbatore in pursuance to the judgment dated 04.01.2020 made in C.A.No.47 of 2018 on the file of the III Additional District and Sessions Judge, Coimbatore, confirming the judgment of conviction dated 21.12.2017 made in C.C.No.141 of 2013 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore, the petitioner/accused found guilt under Section 138 of the Negotiable Instruments Act, (1 year simple imprisonment and compensation of Rs.15,00,000 payable to the respondent/complainant within one month), pending disposal of the above Criminal Revision Case.

For Petitioner : Mr.B.R.Shankaralingam

ORDER

The Criminal Miscellaneous Petition is filed seeking exemption from surrendering before the Judicial Magistrate, Fast Track Court at Magisterial Level II, Coimbatore in pursuance to the judgment dated 04.01.2020 made in C.A.No.47 of 2018 on the file of the III Additional District and Sessions Judge, Coimbatore, confirming the judgment of conviction dated 21.12.2017 made in C.C.No.141 of 2013 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level-II and enlarge her on bail, pending disposal of the above Crl.R.C.

2.This Court, by order dated 17.12.2020, had suspended the sentence of the petitioner in Crl.M.P.No.6800 of 2020 in Crl.R.C.No.975 of 2020. In view of the above, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

exempted from surrendering before the Lower Court. Hence, this Criminal Miscellaneous Petition is allowed.

-sd/- 17/12/2020 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, FAST TRACK COURT AT MAGISTERIAL LEVEL-II, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION].

3 THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 C.C. to M/S. B.R.SHANKARALINGAM Advocate on payment of necessary charges SR NO.8364 Order in CRL MP.6801/2020 in CRL RC.975/2020 Date :17/12/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MN-29/12/2020 https://hcservices.ecourts.gov.in/hcservices/