K.Geetha v. Valasarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Tuesday, the Eleventh day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice R. MAHADEVAN CRIMINAL MISCELLANEOUS PETITION No.17866 of 2019 IN CRL.RC.NO.1329 OF 2019 K.GEETHA [ PETITIONER ] Vs VALASARAJAN [ RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.1329/2019 on the file of the High Court, the High Court will be pleased to suspend the sentence pursuant to the Judgment of conviction dated 09.08.2019 in C.A.No.129/2018, on the file of the Learned IInd Additional District and Sessions Judge, Poonamallee, Thiruvallur District, confirming the order of conviction and sentence dated 10.05.2018 in S.T.C.NO.351/2016 on the fiel of the learned Judicial magistrate,Fast Track court Magisterial level No.II, Poonamallee. [[CRL.
MP.NO.17866/2019] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.1329/2019 on the file of the High Court and upon hearing the arguments of M/S.R.MARAN, Advocate for the petitioner and of NO APPEARANCE on behalf of the Respondent the court made the following order:- The petitioner faced trial in S.T.C.No.351 of 2016 on the file of learned Judicial Magistrate, Fast Track Court (Magisterial Level) No.II, Poonamallee. Under judgment dated 10.05.2018, the trial Court convicted her under Section 138 of the Negotiable Instruments Act and sentenced her to undergo simple imprisonment for a period of twelve months and directed to pay the compensation amount of Rs.
3,00,000/- to the complainant within four months, in default, to undergo simple imprisonment for a further period of four weeks. On appeal in Criminal Appeal No.129 of 2018, the conviction and sentence imposed by the trial Court was confirmed by the learned III Additional District and Sessions Judge, Tiruvallur at Poonamallee, by judgment dated 09.08.2019. As against the aforesaid conviction and sentence, the petitioner has filed the Criminal Revision, along with the present petition seeking suspension of sentence.
2.
According to the learned counsel for the Petitioner, the petitioner had already deposited a sum of Rs.60,000/- before the trial court; that there are copious materials on record to prove that there is no legally enforceable debt and the petitioner has rebutted the presumption 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 may be suspended. 3.Heard the learned counsel for the petitioner and also perused the materials placed on record.
4.Considering the facts and circumstances of the case and also taking note of 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 subject to certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted, on the following conditions:- a) The Petitioner/Accused shall deposit Rs.90,000/- (Rupees Ninety Thousand Only) before the Trial Court, within four weeks from the date of receipt of a copy of this order; b) On such deposit being made, the Trial Court shall redeposit the said amount in a fixed deposit account in any nationalized bank.
The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case; c) Thereafter, the Petitioner/Accused is ordered to be released on bail, on her 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 Track Court (Magisterial Level No.II), Poonamallee; d) The Petitioner/Accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the learned Magistrate may 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 month, until the disposal of the revision case and if she is not able to appear before the Trial Court on any day, due to unavoidable circumstances, she 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 her absence, as directed by the Trial Court.
f) 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/- 11/02/2020 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 II ADDITIONAL DISTRICT AND SESSIONS JUDGE, POONAMALLEE, THIRUVALLUR DISTRICT 2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT,[MAGISTERIAL LEVEL] NO.II, POONAMALLEE 3 THE CHIEF JUDICIAL MAGISTATE THIRUVALLUR[FOR INFORMATION] C.C. to M/S.R.MARAN Advocate on payment of necessary charges Order in CRL MP.17866/2019 IN CRL.RC.NO.1329 OF 2019 Date :11/02/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RD 17/02/2020