M/S.Mediaone Global Entertainment Ltd v. M/S.Ad Bureadu Advertising Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2023

CORAM

THE HONOURABLE MRS. JUSTICE R.HEMALATHA in Crl.R.C. No.1636 of 2023 1.M/s.Mediaone Global Entertainment Ltd., Represented by its Authorised Signatory, J.Murali Manohar, No.1, Wallace Lane, 1st Floor, Mataji Complex, Mount Road, Chennai.

2.Dr.J.Murali Manohar

...Petitioners

vs.

M/s.Ad Bureau Advertising Pvt. Ltd., Represented by Abirchand Nahar, Rayala Towers, 781, Mount Road, Chennai - 2.

...Respondent

Prayer : Criminal Miscellaneous Petition filed under Sections 389 (1) & 482 of Criminal Procedure Code 1973 to suspend the sentence in the judgment dated 04.12.2021 made in C.C.No.5702 of 2016 on the file of the learned Metropolitan Magistrate, Fast Track Court-I, Allikulam, Egmore, Chennai confirming the conviction and sentence made in the

orders dated dated 04.08.2023 made in Crl.A.No.199 of 2021 on the file of the VI Additional Sessions Court, Chennai and enlarge the second petitioner on bail pending disposal of the above criminal revision. For Petitioners : Mr.N.R.Elango, Senior Counsel Assisted by Mr.T.Saikrishnan

ORDER

This criminal miscellaneous petition is filed seeking suspension of sentence imposed by the learned VI Additional Sessions Judge, Chennai in Crl.A.No.199/2021 on 04.08.2023, confirming the conviction and sentence passed by the learned Metropolitan Magistrate, Fast Track Court-I, Allikulam, Egmore, Chennai dated 04.12.2021 made in C.C.No.5702/2016 and to enlarge the second petitioner on bail.

2. The petitioners are the accused in C.C.No.5702/2016 before the learned Metropolitan Magistrate, Fast Track Court-I, Allikulam, Egmore, Chennai and the second accused was convicted and sentenced on 04.12.2021 as under:

S.No. Offences under which convicted Sentence Simple imprisonment for six months and the accused shall pay the cheque amount of Rs.5,00,00,000/- with interest at 9% per annum of Rs.2,70,00,000/- totally a sum of Rs.7,70,00,000/- by way of compensation to the complainant within a period of eight weeks, in default, to undergo simple imprisonment for a period of six weeks.

Section 138 of NI Act 3.Aggrieved over the judgment passed by the trial court, the accused filed an appeal in Crl.A.No.199/2021 before the VI Additional Sessions Court, Chennai and the same was dismissed vide orders dated 04.08.2023, confirming the judgment passed by the trial court.

4. Now the petitioners / accused have filed the criminal revision in Crl.R.C.No.1636/2023 along with this present criminal miscellaneous petition seeking suspension of sentence.

5. Heard Mr.N.R.Elango, learned Senior Counsel assisted by Mr.T.Saikrishnan. learned counsel for the petitioners.

6.Learned counsel for the petitioners contended that the present second petitioner has fair chance to prove his innocence and succeed in the revision and therefore, prayed for suspending the sentence till the disposal of this revision.

7. Considering the facts and circumstances of the case, this Court is of the view that the second petitioner is entitled to the relief of suspension of sentence and bail with the following conditions. i. The second petitioner shall execute a bond for a sum of Rs.25,000/-, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Metropolitan Magistrate, Fast Track Court-I, Allikulam, Egmore, Chennai. ii. The sureties shall affix their photographs and Left Thumb Impression on the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; and iii. The second petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the appeal 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.

26.09.2023 (2/2) mtl To 1.The Metropolitan Magistrate, Fast Track Court-I, Allikulam, Egmore, Chennai.

2.The VI Additional City Civil Court, Chennai.

R.HEMALATHA, J.

mtl in Crl.R.C. No.1636 of 2023 26.09.2023