K.Ramesh v. K.T.R.Kathiresan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Fourteenth day of November Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.16600 of 2019 IN CRL RC.1240/2019 K.RAMESH [ PETITIONER ] Vs K.T.R.KATHIRESAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.1240/2019 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner by order dated 22.07.2019 passed in C.A.No.331 of 2018 on the file of the First Additional District and Sessions Judge at Coimbatore and release the petitioner on bail pending disposal of this criminal revision [CRL.MP.NO.

16600/2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.1240/2019 on the file of the High Court and upon hearing the arguments of MR.L.GAVASKAR Advocate for the petitioner ,the court made the following order:- 1.This Criminal Miscellaneous Petition has been filed by the Petitioner/Accused, to suspend the sentence of imprisonment, imposed by the judgment, dated 22.07.2019 made in Crl.A.No.331/2018, by the I Additional District and Sessions Judge, Coimbatore, 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 Judgment.

3. In and by both the impugned judgement of the Trial Court, the Petitioner/Accused, was convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo six months simple imprisonment and to pay an amount of Rs.5,00,000/- [Rupees Five Lakhs Only] as compensation to the

complainant, within one month in default to undergo two months simple imprisonment.

4. The learned counsel for the Petitioner/Accused, would submit that the Trial Court had acquitted the petitioner however, on wrong appreciation of law and facts, the Appellate Court had reversed the finding of the Trial Court and Convicted the petitioner and 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 Petitioner/Accused is prepared to deposit 20% of the cheque amount.

5. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner, this Court is of the view, that the substantive sentence of imprisonment alone can be suspended on certain conditions:- a) The Petitioner/Accused shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh Only), which is 20% of the cheque amount, before the Trial Court, within a period of 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 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, Fast Track Court No.I, (Magisterial Level), Coimbatore.

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 12.12.2019 for "reporting compliance". -sd/- 14/11/2019 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 JUDICIAL MAGISTRATE, FAST TRACK COURT NO.1[MAGISTERIAL LEVEL] COIMBATORE 2 I ST ADDITIONAL DISTRICT AND SESSIONS JUDGE, COIMBATORE 3 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE[FOR INFORMATION] +1 C.C. to M/S.L.GAVAASKAR Advocate on payment of necessary charges SR.NO. 23423 Order in CRL MP.16600/2019 in CRL RC.1240/2019 Date :14/11/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 25/11/2019