K.Anbuselvam v. Pitchamuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Twenty Fifth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.15444 & 15446 of 2019 IN CRL.RC.NO.1149 OF 2019 K.ANBUSELVAM [ PETITIONER ] Vs PITCHAMUTHU [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.1149/2019 on the file of the High Court, the High Court will be pleased to [I]suspend the sentence of one year Simple Imprisonment and fine of Rs.9,00,000/- imposed in judgment dated 13.03.2019, passed in C.C.No.68/2017 by the learned Judicial Magistrate, Kallakurichi and confirmed the same in judgment dated 27.09.2019 passed in C.A.NO.

30/2019 by the learned IIIAdditional sessions Judge,villupuam at Kallakurichi till disposal of the main criminal Revision petition.[CRL.MP.NO.15444/2019] [II]exempt the petitioner to surrender before the Trial court to present this criminal Revision case against the judgment dated 13.03.2019, passed in C.C.NO.68/2017 by the learned Judicial Magistrate, Kallakurichi and confirmed the same by a judgment dated 27.09.2019 passed in C.A.No.30/2019 by the learned III- Additional sessions Judge,villupuam at Kallakurichi till disposal of the main criminal Revision petition.[CRL.MP.NO.15446/2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.1149/2019 on the file of the High Court and upon hearing the arguments of M/S. S.

RAMAJAYAM, Advocate for the petitioner , 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 13.03.2019 passed in C.C.No.68 of 2017, by the learned Judicial Magistrate(FTC), Kallakurichi, as confirmed the judgment, dated 27.09.2019, made in C.A.No.30/2019, by the learned III Additional Sessions Judge, Villupuram at Kallakurichi and to exempt the Petitioner/ Accused, from surrendering before the Trial Court, in connection with the conviction and sentence, imposed by the judgment, dated 13.03.2019 passed in C.C.No.

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.9,00,000/-, the Petitioner/ accused was convicted and sentenced for the offence under Section 138 r/w 142 of the Negotiable Instruments Act, to undergo one year Simple Imprisonment and to pay a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only), as compensation to the Respondent/complainant, in default to undergo three months of 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. He would submit that an amount of 20% of the cheque amount i.e.1,80,000/- has been already deposited at the stage of appeal before the trial Court and he would submit without prejudice to his contentions, the petitioner is prepared to deposit Rs.2,70,000/- which would in total work out to 50% of the cheque amount of Rs.9,00,000/-, within a period of four weeks.

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 a sum of Rs.2,70,000/- (Rupees Two Lakhs and Seventy 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 learned Judicial Magistrate (Fast Court Level), Kallakurichi.

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 22.11.2019 for reporting compliance. -sd/- 25/10/2019 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 III ADDITIONAL SESSIONS JUDGE, VILLUPURAM AT KALLAKURICHI 2 THE JUDICIAL MAGISTRATE, FTC,KALLAKURICHI, 3 THE CHIEF JUDICIAL MAGISTRATE VILLUPPURAM[FOR INFORMATION] C.C. to M/S. S.RAMAJAYAM Advocate on payment of necessary charges Order in CRL MP.15444 & 15446/2019 IN CRL.RC.NO.1149 OF 2019 Date :25/10/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 25/10/2019