Vairavelu v. Nagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Seventh day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION NOs.12622 AND 12624 of 2021 IN CRL RC.910/2021 VAIRAVELU [ PETITIONER] Vs NAGARAJAN [ RESPONDENT ] Petitions praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.910/2021 on the file of the High Court, the High Court will be pleased to (i)Suspend the sentence of imprisonment imposed on the petitioner in the judgment dated 04/08/2021 made in C.A.NO.470 of 2018 on the file of the III Additional District and Sessions Court, Coimbatore confirming the judgement dated 25/09/2018 made in C.C.No.

234 of 2017 on the file of the Learned Judicial Magistrate ,Fast Track Court at Magisterial Level-2, Coimbatore sentencing him to undergo six year simple imprisonment and enlarge the petitioner on bail pending disposal of the above Crl.R.C.910/2021 IN CRL.MP.NO.12622/2021. (ii)Grant an order of exemption from surrendering before the trial court in pursuance to the judgement dated 04.08.2021 made in C.A.NO.470/2018 on the file of the III Additional District and Sessions Court, Coimbatore confirming the judgment dated 25/09/2018 made in C.C.No.234/2017 on the file of the learned Judicial Magistrate, Fast Track Court at Magisterial Level-2, Coimbatore, pending disposal of the above Crl.R.C.910/2021 IN CRL.MP.NO.12624/2021.

Order : These petitions coming on for orders upon perusing the petitions and the Memorandum of Grounds in Criminal Revision Case No.910/2021 on the file of the High Court and upon hearing the arguments of MR.M/S.R.PRABAKAR, Advocate for the Petitioner [IN BOTH PETITIONS] the court made the following order:-

These Criminal Miscellaneous Petitions have been filed by the petitioner/accused, seeking suspension of sentence of imprisonment, imposed by the judgment dated 25.09.2018 in C.C.No.234 of 2017 on the file of the Judicial Magistrate, Fast Track Court, Magistrate Level-2, Coimbatore, and confirmed by the judgment dated 04.08.2021 in C.A.No.470 of 2018 on the file of the III Additional District and Sessions Court, Coimbatore.

2. This Court heard the learned counsel for the petitioner and also perused the materials placed on record.

3. In and by both the impugned judgments, for non-payment of the cheque amount in question, viz., Rs.7,60,000/- the petitioner/accused was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, to undergo six months simple imprisonment and to pay a sum of Rs.7,60,000/- with 6% of interest p.a. from the date of cheque to the respondent/complainant within one month from the date of judgment and in default to undergo three months simple imprisonment.

4. According to the learned counsel for the petitioner/accused, there are arguable points available in the Criminal Revision Case, which is not likely to be taken for final hearing in the near future and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the Petitioner/Accused may be suspended and the Petitioner may be exempted from surrendering before the Trial Court.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of exemption from surrender before the Trial Court, suspension of sentence and bail are granted, on the following conditions :- (a) The petitioner/Accused shall deposit 50% of the cheque amount (Rs.7,60,000), namely, Rs.

3,80,000/- (Rupees Three Lakhs Eighty Thousand only) before the Trial Court, within two weeks from the date of receipt of a copy of this order and on such deposit being made, the Trial Court shall redeposit the said amount in a fixed deposit account in any nationalized bank, so that the amount accrues interest. The disbursal of this amount shall be decided at the culminnation of the Criminal Revision Case. Thereafter, the petitioner/accused is ordered to be released on bail, on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Judicial Magistrate, Fast Track Court, Magistrate Level-2, Coimbatore.

(b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court. (d) On the failure of the Petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.

6. These Criminal Miscellaneous Petitions stands ordered accordingly.

7. Notice to the respondent returnable by three weeks. Private notice is also permitted. Post the matter after three weeks for reporting compliance.

-sd/- 07/12/2021 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 III ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, MAGISTRATE LEVEL-2, COIMBATORE.

3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] C.C. to M/S.R.PRABAKAR Advocate on payment of necessary charges Order in CRL MP.NOs.12622&12624/2021 in CRL RC.910/2021 Date :07/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format CSK 07/12/2021