M.Kathiravan, Aged 43 Years, v. C.S.Srinivasan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Fourteenth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.V. MURALIDARAN CRIMINAL MISCELLANEOUS PETITION No.979 of 2018 IN CRL RC.133/2018 M.KATHIRAVAN [ PETITIONER ] Vs C.S.SRINIVASAN, [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL RC.133/2018 on the file of the High Court, the High Court will be pleased to suspend the execution of the sentence passed by the I Additional District and Sessions Judge, Coimbatore in CA No.71 of 2015 dated 21.07.2017, confirming the judgment passed by the Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore in STC No.235 of 2012 dated 24.02.2015 and the petitioner may be released on bail pending disposal of the above CRL RC.133/2018 [IN CRL.MP.NO.

979 OF 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL RC.133/2018 on the file of the High Court and upon hearing the arguments of M/S.KRISHNAN Advocate for M/S.L.THIYAGAIYA, Advocate for the petitioner, the court made the following order:- Petitioner was convicted for offences under Section 138 of Negotiable Instruments Act and sentenced to undergo one year S.I and to pay a fine of Rs.2,500/- i/d to undergo 1 month S.I. by learned Judicial Magistrate, Fast Track Court, Magesterial Level-II, Coimbatore, under judgment in S.T.C.No.235 of 2012 dated 24.02.2015. The appeal preferred by petitioner in C.A.No.71 of 2015 on the file of I Additional District and Sessions Jude, Coimabatore, came to be dismissed under judgment dated 21.07.2017.

Hence, petitioner seeks suspension of sentence.

2. Learned counsel for petitioner would submit that there are several infirmities and inconsistencies found in the case. It is contended that there are contradictions in the material particulars between the evidence of the witnesses. It is further represented that there is no precondition requiring the petitioner's surrender or being in confinement in availing the relief of suspension of sentence under Section 397 Cr.P.C. in exercise of revisional powers by this Court. The decisions of the Honourable Apex Court in BIHARI PRASAD SINGH VS STATE OF BIHAR AND ANOTHER (2000 SCC (Cri) 1380) and that of the IBRAHIM VS STATE OF KERALA (1979 KLT 857) are relied

upon in this regard.

3. Heard, the learned counsel for petitioner.

4. The above decisions have been relied upon time and again by this Court towards reaching the conclusion that in moving a revision against conviction, the accused need not surrender and undergo confinement before seeking the relief of suspension of sentence pending disposal of the Criminal Revision.

5. Therefore, in view of the fact that there are several infirmities in the case and there are arguable points involved in the revision, as contended by learned counsel for petitioners, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

6. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of learned Judicial Magistrate, Fast Track Court, Magesterial Level-II, Coimbatore, and on further condition that the petitioner shall deposit 50% of the cheque amount before the learned Judicial Magistrate, Fast Track Court, Magesterial Level-II, Coimbatore, within a period of two weeks and also the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. pending revision. -sd/- 14/02/2018 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 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, MAGESTRIAL LEVEL-II, COIMBATORE. 2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE 1 ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

+1C.C. to M/S.L.THIYAGAIYA Advocate on payment of necessary charges SR NO.3286 Order in CRL MP.979/2018 in CRL RC.133/2018 Date :14/02/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:16/02/2018