Kushalraj v. Anthony Savier
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Seventh day of November Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION NOS.15973 & 15975 OF 2019 IN CRL.RC.NO.1200 OF 2019 KUSHALRAJ [ PETITIONER ] Vs ANTHONY SAVIER [ RESPONDENT ] Petitions praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.RC.NO.1200 OF 2019 on the file of the High Court, the High Court will be pleased to [i] suspend the sentence imposed in order dated 15th day of July, 2019, passed by the learned Additional District Judge at Arani, Thiruvannamalai District in Crl.A.No.11/2015 in S.T.C. No.738/2007 on the file of the learned Judicial Magistrate at Cheyyar, Thiruvannamalai District on 16th day of March 2019, pending disposal of the CRL.RC.NO.1200 OF 2019 [IN CRL.MP.NO.
15973 OF 2019] [ii] exempt to surrender for the petitioner before the appellate court on the judgment dated 15th day of July, 2019 in C.A.No.11/2015 on the file of the learned Additional District Judge at Arani, Thiruvannamalai District against S.T.C. No.738/2007 on the file of the learned Judicial Magistrate at Cheyyar Taluk, Thiruvannamalai District vide judgment dated 16/03/2015 CRL.RC.NO.1200 OF 2019 [IN CRL.MP.NO.15975 OF 2019] Order : These petitions coming on for orders upon perusing the petition and the Memorandum of Grounds in CRL.RC.NO.1200 OF 2019 on the file of the High Court and upon hearing the arguments of M/S.V.
PRABHAKARAN, Advocate for the petitioner, the court made the following order:- These Criminal Miscellaneous Petitions have been filed by the Petitioner/Accused to suspend the sentence of imprisonment, imposed by the judgment, dated 15.07.2019 made in Crl.A.No.11/2015, by the Additional District Judge, Fast Track Court, Arani, Tiruvannamalai District confirmed by the judgment dated 16.03.2015, made in STC.No.738/2007, by the Judicial Magistrate, Cheyyar, Tiruvannamalai District and to exempt the Petitioner from surrendering before the Trial Court, in Crl.A.No.
15.07.2019, respectively, pending disposal of the Criminal Revision Case.
2. This court heard the submissions made by the learned counsel for the Petitioner and also perused both the impugned Judgments.
3. In and by both the impugned judgements of the Trial Court and the Appellate Court, the Petitioner/Accused was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo Two Years Simple Imprisonment and to pay an amount of Rs.9,00,000/- [Rupees Nine Lakhs Only] as compensation in default to undergo Six Months Simple Imprisonment.
4. The learned counsel for the Petitioner/Accused would submit that there are arguable points available in the Criminal Revision Case and that the revision petition is not likely to be taken for final hearing in the near future and that the Petitioner has got a fair chance of succeeding in the Criminal Revision Case and would pray that the substantive sentence imposed against the Petitioner/Accused may be suspended on condition of depositing some amount. He would submit that without prejudice to his contentions, the Petitioners is prepared to deposit 50% of the cheque amount and would seek six weeks time for making payment.
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 Court, suspension of sentence and bail are granted on the following conditions :- a) The Petitioner/Accused shall deposit a sum of Rs.
4,50,000/- (Rupees Four Lakhs Fifty Thousand Only) which is 50% of the cheque amount, before the Trial Court, within a period of six 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 revision petition. 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 each, of whom, one should be a blood relative, each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheyyar, Thiruvannamalai District.
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 19.12.2019 for "reporting compliance". -sd/- 07/11/2019 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 ADDITIONAL DISTRICT JUDGE FAST TRACK COURT, ARANI, TIRUVANNAMALAI DISTRICT.
2 THE JUDICIAL MAGISTRATE, CHEYYAR, TIRUVANNAMALAI DISTRICT.
3 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION]
+1C.C. to M/S.V.PRABHAKARAN Advocate on payment of necessary charges SR NO.22912 Order in CRL MP.15973 & 15975 OF 2019 in CRL.RC.1200 OF 2019 Date :07/11/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:12/11/2019