V.Jeyanthi v. Mohanasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.16457 of 2019 IN CRL.RC.No.1232 OF 2019 V.JEYANTHI [ PETITIONER/ACCUSED ] Vs MOHANASUNDARAM [ RESPONDENT ] Petition praying that in the circumstances stated therein the High Court will be pleased to pass an order of suspension of the sentence of the order of conviction dated 07.08.2019 passed in C.A.No.311 of 2018 by the XVI Additional City Civil Court at Chennai and confirming the order of conviction dated 08.05.2018 passed in C.C.No.2508 of 2012 by the learned Metropolitan Magistrate Fast Track Court-I, Egmore at Allikulam Chennai-3, pending disposal of the above Crl.RC.No.1232 of 2019.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S A.BALASINGH RAMANUJAM Advocate for the petitioner the court made the following order:- 1.This Criminal Miscellaneous Petition has been filed by the Petitioner/A2, seeking suspension of sentence of imprisonment, imposed by the judgment, dated 07.08.2019 passed in C.A.No.311 of 2018, by the learned XVI Additional City Civil Court, Chennai, as confirmed in the judgment, dated 08.05.2018, made in C.C.No.2508 of 2012, by the Metropolitan Magistrate, Fast Tract Court No. I, Egmore at Allikulam, Chennai - 3, 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.20,72,500/-, the Petitioner/accused was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, to undergo six months Simple Imprisonment and to pay a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only), as compensation to the Respondent/complainant, in default, to undergo two 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 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.

20,72,500/-), namely, Rs.10,36,200/- (Rupees Ten Lakhs Thirty Six Thousand Two Hundred and Fifty 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. b) 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 Fast Track Court No.I, Egmore at Allikulam Chennai-3.

c) 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. d) 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.

e) 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/- 13/11/2019 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 METROPOLITAN MAGISTRATE, FAST TRACK COURT NO.I, EGMORE AT ALLIKULAM, CHENNAI-3.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

3 XVI ADDITIONAL CITY CIVIL COURT, CHENNAI.

C.C. to P.MAHENDERCHAND Advocate on payment of necessary charges Sr.23326 Order in CRL MP.16457/2019 IN CRL.RC.No.1232 OF 2019 Date :13/11/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 13/11/2019