S.Arulsamy, 47 Years v. V.Cheeralan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twentieth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr Justice RMT. TEEKAA RAMAN CRIMINAL MISCELLANEOUS PETITION No.9422 AND 9424 of 2018 IN CRL RC.827/2018 1 S.ARULSAMY [ PETITIONERS 2 A.KAVITHA IN BOTH THE PETITIONS] Vs V.CHEERALAN [ RESPONDENT ] IN BOTH THE PETITIONS] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.827 on the file of the High Court, the High Court will be pleased to [i]suspend the sentence dated 27.06.2018 made in C.A.No.20 of 2018 on the file of the XVII Additional Judge, City Civil Court, Madras confirming the Judgement and Conviction dated 22.12.2017 made in C.C.No.
1633 of 2015 on the file of the III Metropolitan Magistrate, George Town, Chennai, enlarge the petitioners on bail pending disposal of the above Criminal Revision Petition. [CRL.MP.NO.9422/2018] [ii]exempt the petitioners from surrendering before the III Metropolitan Magistrate George Town, Chennai in pursuance to the Judgement dated 27.06.2018 made in C.A.No.20 of 2018 on the file of the XVII Additional Judge, City Civil Court, Madras confirming the Judgement and Conviction dated 22.12.2017 made in C.C.NO.1633 of 2015 on the file of the III Metropolitan Magistrate George Town, Chennai pending disposal of the above Criminal Revision Petition. [CRL.MP.NO.9424/2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.
827/2018 on the file of the High Court and upon hearing the arguments of M/S.B.R.SHANKARALINGAM Advocate [IN BOTH THE PETITIONS] for the petitioner the court made the following order:- This petitioner was convicted by the trial Court for the offence under Section 138 of Negotiable Instrument Act and sentenced to undergo simple imprisonment for six months and also to pay a fine of Rs.1,50,000/- each in default in payment of compensation to the respondent/complainant sentenced the accused to undergo S.I for a period of one month. Challenging the said conviction and sentence, pending revision, the petitioner has filed the present petition.
2. The sentence of the imprisonment imposed on the petitioner shall stand suspend on condition that the petitioner shall deposit for a sum of Rs.75,000/- awarded by the Court below as compensation within a period of six weeks from today and on such deposit, the petitioner shall release 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 trial Court and on a 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.
3. In view of the suspension of sentence, the petitioner is exempted from surrendering before the appellate Court and Crl.M.P.No.9424 of 2018 is ordered accordingly. -sd/- 20/07/2018 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.
TO 1 XVII ADDITIONAL JUDGE CITY CIVIL COURT, MADRAS 2 THE METROPOLITAN MAGISTRATE, NO.III,GEORGE TOWN, CHENNAI 3 THE CHIEF METROPOLITAN MAGISTRATE,EGMORE[FOR INFORMATION] +1 C.C. to M/S.B.R.SHANKARALINGAM Advocate on payment of necessary charges SR.NO. 13479 Order in CRL MP.9422 AND 9424/2018 in CRL RC.827/2018 Date :20/07/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 24/07/2018