K.Balagangadharan, v. M.Moorthy, Aged 55 Years

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twelfth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr Justice RMT. TEEKAA RAMAN CRIMINAL MISCELLANEOUS PETITION No.5780 of 2018 IN CRL RC.485/2018 K.BALAGANGADHARAN, [ PETITIONER ] Vs M.MOORTHY, [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal RC. No.485 OF 2018 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner made in STC No.183 of 2015 on the file of Judicial Magistrate Fast Track No.2, Erode dated 17.08.2017 as confirmed by order dated 12.01.2018 made in C.A No.223 of 2017 on the file of 1st Additional District and Sessions Judge, Erode and enlarge the petitioner/accused on bail, pending disposal of the above CRL.RC.485/2018.

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.485 of 2018 on the file of the High Court and upon hearing the arguments of M/S.SUDHARSANASUNDAR, FOR M/S.M.V.VENKATASESHAN, Advocate for the petitioner the court made the following order:- The petitioner was convicted by the Trial Court for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and also imposed with a fine of Rs.3,000/- and in default in payment of fine, sentenced to further undergo simple imprisonment for a period of one month.

2. Taking into consideration of the facts and circumstances of the case, this Court is inclined to suspend the sentence imposed on the petitioner/accused.

3. Accordingly, sentence of imprisonment alone is suspended and the petitioner shall be released on bail on his executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate Fast Track Court No.II, Erode, and on further condition that the petitioner shall report before the trial Court on the first working day of every month at 10.30 a.m, pending disposal of the Revision.

The petitioner is directed to *pay 50% of the cheque amount before the Trial Court, within a period of eight weeks from the date of receipt of a copy of this order.

-sd/- 12/04/2018 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.

* BEING MENTIONED AS PER ORDER OF THIS COURT DATED 19/04/2018 MADE IN CRL.MP.5780/2018 IN CRL.RC.485/2018.

TO 1 THE JUDICIAL MAGISTRATE, FAST TRACK NO.2, ERODE.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE. [FOR INFORMATION] 3 THE 1ST ADDL. DISTRICT AND SESSIONS JUDGE, ERODE.

+1 C.C. to M/S.M.V.VENKATASESHAN Advocate on payment of necessary charges-Sr.7172 SR.No.7640 Order in CRL MP.5780/2018 in CRL RC.485/2018 Date :12/04/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format ths : 13.04.2018 ths : 23.04.2018