V.N.Meiygnanamoorthi v. Senthilvel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twentieth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr Justice R. MAHADEVAN CRIMINAL MISCELLANEOUS PETITION No.17128 of 2019 IN CRL.R.C.NO.1268 of 2019 V.N.MEIYGNANAMOORTHI [ PETITIONER ] Vs SENTHILVEL [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To suspend the Sentence of Conviction order passed in C.C.No.205 of 2012 on the file of the Judicial Magistrate Court, Rasipuram order dated 19.06.2015 and confirmed in CA.No.27 of 2015 on the file of the Principal Sessions Judge at Namakkal dated 17.03.16 against the and enlarge him on bail pending disposal of the Crl.R.C.No.1268 of 2019.
Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.T.A.SRINIVASEN, Advocate for the petitioner, the court made the following order:- By judgement, dated 19.06.2015 passed by the learned Judicial Magistrate, Rasipuram, in C.C.No.205 of 2012, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo Simple Imprisonment for a period of one year and was further directed to pay a fine of Rs.5,000/-, in default, to undergo Simple Imprisonment for a period of three months. Challenging the said conviction and sentence, the petitioner has preferred an appeal in Crl.A.No.
27 of 2015 before the learned Principal Sessions Judge, Namakkal, in which, the Appellate Court has confirmed the judgement of the Trial Court and dismissed the Appeal, on 17.03.2016. Aggrieved over the same, the petitioner has filed the present Criminal Revision Case, along with the Miscellaneous Petition seeking suspension of sentence, pending disposal of this Criminal Revision.
2. According to the learned counsel for the Petitioner, the petitioner has rebutted the presumption as contemplated under Section
139 of the Negotiable Instruments Act; that there are arguable points available in the Criminal Revision Case, which is not likely to be taken up for final hearing in the near future and hence, the substantive sentence imposed against the petitioner can be suspended.
3. Heard the learned counsel for the petitioner and also perused the materials placed on record.
4. Considering the facts, circumstances and the submissions made by the learned counsel for petitioner, this Court is of the view that the petitioner herein can be granted the relief of suspension of sentence. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner herein is directed to be enlarged on bail on the following conditions:- a) The Petitioner / Accused shall deposit a sum of Rs.3,00,000/- (Rupees three lakhs only) before the Trial Court, on or before 10.01.2020;
b) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in anyone of the Nationalized Banks initially for a period of three years, which shall be renewal periodically, till the disposal of the Revision. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case. c) Upon compliance of the first condition on or before 10.01.2020, by the petitioner, he 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, Rasipuram; d) The petitioner / accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the learned Magistrate can obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities; e) The petitioner / accused shall appear before the Trial Court at 10.30 a.m. on the first working day of every English Calender month, until the disposal of the Revision Case and if he is not able to appear before the Trial Court on any day, due to unavoidable circumstances, 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 his absence, as directed by the Trial Court. Such an application shall not be entertained often.
On the failure of the petitioner / accused depositing the said amount within the time stipulated, as aforesaid, it is open to the Trial Court to commit the petitioner / Accused into custody for undergoing the sentence.
-sd/- 20/12/2019 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, RASIPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PRINCIPAL SESSIONS JUDGE, NAMAKKAL.
4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
+2 C.C. to M/S. T.A.SRINIVASEN Advocate on payment of necessary charges SR.NO.26350 Order in CRL MP.17128/2019 in CRL.R.C.NO.1268/2019 Date :20/12/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-02/01/2020