Dennis v. B.N.Natarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Sixth day of February Two Thousand Twenty PRESENT The Hon`ble Mr Justice R. MAHADEVAN CRIMINAL MISCELLANEOUS PETITION No.19150 of 2019 IN CRL.RC.NO.1517 OF 2019 DENNIS [ PETITIONER / PETITIONER / APPELLANT ] Vs B.N.NATARAJAN [ RESPONDENT / RESPONDENT / RESPONDENT ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Crl.RC.No.1517/2019 on the file of the High Court, the High Court will be pleased to suspend execution of the sentence in Crl.A.No.63/2018 dated 03.08.2019 by the Learned District and Sessions Judge, Tiruvallur confirming the order and sentence in STC No.84/2016 dated 23.03.2018 passed by the Learned Judicial Magistrate Fast Track Court (Magisterial Level), Ambattur, and enlarge the petitioner on bail pending disposal of the above Crl.RC.No.1517/2019.
Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.RC.No.1517/2019 on the file of the High Court and upon hearing the arguments of M/S.R.THANIGAI ARASU, Advocate for the petitioner and of MR.R.NIRMALA, Advocate on behalf of the Respondent the court made the following order:- The petitioner faced trial in S.T.C.No.84 of 2016 on the file of learned Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur. Under judgment dated 23.03.2018, the trial Court convicted him under Section 138 of the Negotiable Instruments Act and sentenced him to undergo simple imprisonment for a period of eight months and to pay the compensation amount of Rs.8,78,000/- to the complainant within three months, in default, to undergo simple imprisonment for a further period of two months.
On appeal in Criminal Appeal No.63 of 2018, the conviction and sentence imposed by the trial Court was confirmed by the learned Principal Sessions Judge, Tiruvallur, by judgment dated 03.08.2019. 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, 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. He further submitted 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.3,00,000/- (Rupees Three Lakhs 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 his executing a bond for a sum of Rs.
d) 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; 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 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; and
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/- 06/02/2020 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 PRINCIPAL SESSIONS JUDGE TIRUVALLUR.
2 THE DISTRICT AND SESSIONS JUDGE, TIRUVALLUR.
3 THE JUDICIAL MAGISTRATE, FAST TRACK COURT(MAGISTERIAL LEVEL), AMBATTUR.
4 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION] C.C. to M/S.R.THANIGAI ARASU Advocate on payment of necessary charges Order in CRL MP.19150/2019 in CRL.RC.1517/2019 Date :06/02/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cs 13/02/2020