S.Muthaiyan v. Rajasekaran

Crl.M.P.No.17276 of 2022 in Crl.R.C.No.1500 of 2022 P.VELMURUGAN, J.

This Criminal Miscellaneous Petition has been filed by the petitioner/accused seeking suspension of sentence imposed vide order dated 03.10.2017 passed in S.T.C.No.1306 of 2014 by the learned Judicial Magistrate No.I, Virudhachalam for the offence under Section 138 of Negotiable Instruments Act, as confirmed by the learned III Additional District and Sessions Judge, Cuddalore at Vridhachalam, in C.A.No.109 of 2017 dated 09.08.2018.

2. This Court, while condoning the delay in filing the above revision, vide order dated 26.10.2022 directed the petitioner to deposit the entire cheque amount and the petitioner also deposited the entire cheque amount and has also filed a memo to that effect.

3. Now, the learned counsel for the petitioner seeking suspension of sentence stating that already entire cheque amount has been deposited before the Registry.

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4. In view of the fact that the entire cheque amount has been deposited by the petitioner/accused, this Court is inclined to grant the relief of suspension of sentence.

5. Accordingly, substantive sentence of imprisonment awarded by order dated 03.10.2017 passed in S.T.C.No.1306 of 2014 by the learned Judicial Magistrate No.I, Virudhachalam for the offence under Section 138 of Negotiable Instruments Act, as confirmed by the learned III Additional District and Sessions Judge, Cuddalore at Vridhachalam, in C.A.No.109 of 2017 dated 09.08.2018, alone is suspended, till the disposal of the above Criminal Revision Case.

16.11.2022 (2/2) mfa Note: Issue order copy on 16.11.2022 2/3

P.VELMURUGAN, J.

mfa in Crl.R.C.No.1500 of 2022 16.11.2022 3/3