G.Padmanaba v. K.M.Periyasamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Fourth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.14276 & 14275 of 2019 IN CRL.RC.NO.1042 OF 2019 G.PADMANABAN [ PETITIONER IN BOTH THE PETITIONS] Vs K.M.PERIYASAMY [ RESPONDENT IN BOTH THE PETITIONS] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No. 1042/2019 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 judgement dated 31/07/2019 made in C.A No. 25/2019 on the file of the Principle Sessions Court, Erode confirming the Judgment dated 27.12.2018 made in S.T.C.NO.6 of 2014 on the learned Judicial Magistrate Fast Track Court No.

II, Erode enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition. [CRL.MP.NO.14276/2019] [II]exemption from surrendering before the trial court in pursuance to the judgement dated 31.07.2019 made in C.A.NO.25 OF 2019 on the file of the Principal Sessions Court,Erode confirming the judgment dated 27.12.2018 made in S.T.C.NO.6 of 2014 on the learned Judicial Magistrate Fast Track Court No.II, Erode pending disposal of the above Criminal Revision Petition.[CRL.MP.NO.14275/2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.1042/2019 on the file of the High Court and upon hearing the arguments of M/S. R.PRABAKAR,Advocate for the petitioner [IN BOTH THE PETITIONS] 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 31.07.2019 passed in C.A.No.25 of 2019, by the Principal Sessions Court, Erode, confirming the judgement dated 27.12.2018 made in S.T.C.No.6/2014 by the learned Judicial Magistrate Fast Track II, Erode and to exempt the Petitioner/ Accused, from surrendering before the Trial Court, in connection with the conviction and sentence, imposed by the judgment, dated 31.07.2019 passed in C.A.No.

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.3,00,000/-, 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.5,000/-, and in default to undergo three months simple imprisonment. The Lower Appellate Court had cancelled the order dated 24.01.2019 made in Crl.MP.No.159/2019 by the learned he Principal Sessions Court, Erode and directed the learned Judicial Magistrate Fast Track II, Erode to secure the accused and commit him to undergo the period of sentence as found in the judgment in S.T.C.No.6/2014 dated 27.12.2018.

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 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.3,00,000/-), namely, Rs.

1,50,000/- (Rupees One Lakh and Fifty thousand 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 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.

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. Post the matter on 01.11.2019 for reporting compliance. -sd/- 04/10/2019 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-II,ERODE 2 THE CHIEF JUDICIAL MAGISTRATE ERODE[FOR INFORMATION] 3 THE PRINCIPAL SESSIONS COURT ERODE +1 C.C. to M/S.R.PRABAKAR Advocate on payment of necessary charges SR.NO. 20795 Order in CRL MP.14276 & 14275/2019 IN CRL.RC.NO.1042 OF 2019 Date :04/10/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 04/10/2019