R.Varatharajan v. T.Amudha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty Seventh day of November Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION Nos.15791 and 15795 of 2018 in CRL.R.C.No.1355 of 2018 R.VARATHARAJAN [ PETITIONER / PETITIONER in both petitions ] Vs T.AMUDHA [ RESPONDENT / RESPONDENT in both petitions ] Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in CRL.R.C.No.1355 of 2018 on the file of the High Court, the High Court will be pleased to (i) suspend the sentence imposed on the petitioner under section 138 of NI Act in C.A.No.1 of 2014 on the file of Learned Additional District and Sessions Judge, Hosur, dated 06.10.2018 confirming the conviction and judgment in S.T.C No.119 of 2012 of the Learned Judicial Magistrate, Fast Track Court, Hosur, passed on 03.12.2013 [CRL.M.P.No.15791 of 2018].

(ii) exempt the petitioner from surrender in connection with conviction and judgment in C.A.No.1 of 2014 on the file of Learned Additional District and Sessions Judge, Hosur, dated 06.10.2018 confirming the conviction and judgment in S.T.C.No.119 of 2012 of the learned Judicial Magistrate, Fast Track Court, Hosur, passed on 03.12.2013 [CRL.M.P.No.15795 of 2018] Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.R.C.No.1355 of 2018 on the file of the High Court and upon hearing the arguments of M/S.K.THIRUVENGADAM, Advocate for the petitioner, in both petitions the court made the following order:- The sentence passed against the petitioner in S.T.C.No.119/2012 of the learned Judicial Magistrate, Fast Track Court, Hosur on 03.12.

2013 and confirmed by the learned Additional District and Sessions Judge, Hosur, in C.A.No.1 of 2014 dated 06.10.2018, be suspended on condition that the petitioner shall deposit a sum of Rs.60,000/- as ordered by the Trial Court, within a period of four weeks from the date of receipt of a copy of this order.

2. If the deposit is not made within the time stipulated by this Court, the order of suspension of sentence shall stand automatically vacated without any further reference to this Court.

3. In view of the suspension of sentence, the petitioner is exempted from surrendering before the above said Court and Crl.M.P.No.15795 of 2018 is ordered accordingly. -sd/- 27/11/2018 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, HOSUR 2 THE CHIEF JUDICIAL MAGISTRATE HOSUR [FOR INFORMATION] 3 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, HOSUR +1C.C. to M/S.K.THIRUVENGADAM Advocate on payment of necessary charges SR.NO.22441 Order in CRL MP.Nos.15791 & 15795 of 2018 in CRL.R.C.No.1355 of 2018 Date :27/11/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format cm 05/12/2018