Nagalakshmi v. M.Panchatcharam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.M.P.No.18535 and 18536 of 2023 in Crl.RC.No.1998 of 2023 Nagalakshmi
...Petitioner
Vs.
Panchatcharam
...Respondent
Crl.MP.No.18535 of 2024: Criminal Miscellaneous Petition filed under Section 397(1) of Criminal Procedure Code praying to suspend the sentence imposed on the petitioner in STC. No.64/2022 by the learned Judicial Magistrate, FTC, Thiruvallur and release the petitioner on bail. Crl.MP.No.18536 of 2024: Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code praying to exemption of surrendering to the petitioner/accused in order of dismissal passed in in STC. No.64/2022 by the learned Judicial Magistrate, FTC, Thiruvallur. For Petitioner : Mr.S.Sridevi For Respondent : Mr.C.Turibius Beshi
O R D E R
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The Criminal Miscellaneous petition has been filed o suspend the sentence imposed on the petitioner in STC. No.64/2022 by the learned Judicial Magistrate, FTC, Thiruvallur and release the petitioner on bail.
2. The revision petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months simple imprisonment and to pay a fine of Rs.5,00,000/- as compensation, in default, to undergo SI for two months. Aggrieved by the same, the present revision has been filed along with the petition seeking suspension of sentence.
3. The learned counsel for the petitioner submit that there are lot of material contradictions in the evidence of the respondent and the same is highly unbelievable. It is further submitted that apprehending arrest, the present petition for suspension of sentence is filed and the petitioner is not in jail. However, the petitioner is ready to pay 50% of the cheque amount in the credit of the case before the lower Court. 2/6
4. Having regard to the fact that there are arguable points involved in the revision and further, the petitioner has come forward to pay 50% of the cheque amount, I am of the considered opinion that the revision petitioner is entitled for the relief of suspension of sentence.
5. The sentence imposed by the Court below dated 10.10.2023 made in Crl.A.No.151 of 2023 on the file of the learned Additional Sessions Judge, Thiruvallur is suspended, subject to the following conditions :- ''(a) The petitioner is directed to deposit 50% of the cheque amount in STC. No.64 of 2022 on the file of the learned Judicial Magistrate cum Fast Track Court, Thiruvallur within a period of two weeks from the date of receipt of copy of this order.
(b) The petitioner shall execute a bail bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the 3/6
learned learned Judicial Magistrate cum Fast Track Court, Thiruvallur. This bail bond shall be entertained only after the deposit of the money specified in clause (a). (c) The petitioner shall appear before the learned learned Judicial Magistrate cum Fast Track Court, Thiruvallur on the first working day of the every English Calendar Month at 10.30 am, until further orders; and (d) If the petitioner fails to deposit the amount and execute the bail bond as stipulated in Clause (a) and (b), the order of interim suspension of sentence shall stand cancelled automatically without reference to this Court and the learned Magistrate, shall immediately issue non-bailable warrant and secure the petitioner to serve the sentence imposed against the petitioner.'' 4/6
6. Crl.MP.No.18535 of 2023 is ordered accordingly. However, this Court is inclined to reject the petition in Crl.MP.No.18536 of 2023 and the same is dismissed.
01.08.2024 (2/2) Note: Issue order copy on 01.08.2024 Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To 1.The learned Judicial Magistrate, FTC, Thiruvallur.
2. The I Addl. Session Judge, Thiruvallur.
3. The Public Prosecutor, High Court of Madras, Chennai - 600 104.
M.DHANDAPANI , J.
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rli Crl.M.P.No.18535 and 18536 of 2023 in Crl.RC.No.1998 of 2023 01.08.2024 6/6