N.Karthik v. Nirmaladevi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Seventh day of September Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION Nos.13903 & 13905 of 2019 in CRL.RC.No.991 OF 2019 N.KARTHIK [ PETITIONER IN BOTH THE MPS ] Vs NIRMALADEVI [ RESPONDENT IN BOTH THE MPS ] Petitions praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.991 OF 2019 on the file of the High Court, the High Court will be pleased to (i)suspend the imprisonment imposed on the petitioner by the Appellate Court and judgment dated 03.09.2019 made in C.A.No.63 of 2019 (On the file of the Principal Sessions Judge, Erode) confirming the judgment dated 29.01.2019 made in S.T.C.No.237 of 2016 on the file Judicial Magistrate, Fast Track No.II, Erode.(IN CRL.M.P.

13903 OF 2019) (ii)exempt the petitioner to surrender before the Appellate Court on the judgment dated 03.09.2019 made in C.A.No.63 of 2019 (On the file of the Principal Sessions Judge, Erode) confirming the judgment dated 29.01.2019 made in S.T.C.No.237 of 2016 on the file Judicial Magistrate, Fast Track No.II, Erode.(IN CRL.M.P.13905 OF 2019) Order : These petitions coming on for orders upon perusing the petitions and the Memorandum of Grounds in Crl.Revision Case No.991 OF 2019 on the file of the High Court and upon hearing the arguments of M/S. C.S.SARAVANAN, Advocate for the petitioner (IN BOTH THE MPS) the court made the following order:- 1.These Criminal Miscellaneous Petitions have been filed by the Petitioner/Accused, seeking suspension of sentence of imprisonment, imposed by the judgment, dated 03.09.2019 passed in C.A.No.

63 of 2019, by the learned Principal Sessions Judge, Erode, confirming the judgment, dated 29.01.2019, made in S.T.C.No.237 of 2016, by the learned Judicial Magistrate, Fast Track No.II, Erode and to exempt the Petitioner / Accused, from surrendering before the appellate court, in connection with the conviction and sentence, imposed by the judgment, dated 03.09.2019, made in C.A.No.63 of 2019, by the learned Principal Sessions Judge, Erode, respectively, pending disposal of the Criminal Revision Case.

2.This court heard the learned counsel on either side and also perused the materials placed on record.

3.In and by both the impugned judgements, for non-payment of the cheque amount in question, viz. Rs.4,25,000/-, the Petitioner / accused was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, to undergo one year Simple Imprisonment and to pay a fine of Rs.3,000/-, 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 Appellate Court. He would submit that without prejudice to his contention, the petitioner is prepared to deposit 50% of the cheque amount in question, before the trial court within a time to be specified by this Court.

5.Considering the facts and circumstances of the case and also considering the submissions of the learned counsel on either side, 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.4,25,000/-), namely, Rs.

2,12,500/- (Rupees Two Lakh Twelve Thousand and Five Hundred Only) before the Trial Court, within four 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 culmination 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 No.II, Erode.

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/Accused shall appear before the Trial Court at 10.30 a.m. on the first working day of every month, 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 of Cr.PC. 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.

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.

-sd/- 27/09/2019 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 NO.II, ERODE.

2 THE CHIEF JUDICIAL MAGISTRATE ERODE(FOR INFORMATION) 3 THE PRINCIPAL SESSIONS JUDGE, ERODE.

C.C. to M/S. C.S.SARAVANAN Advocate on payment of necessary charges Order in CRL MP.Nos.13903 & 13905 of 2019 in CRL.RC.No.991 OF 2019 Date :27/09/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 14/10/2019