P.Tamilselvi v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Sixth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice V. PARTHIBAN CRIMINAL MISCELLANEOUS PETITION No.16642 of 2018 IN CRL RC.1427/2018 P.TAMILSELVI [ PETITIONER ] Vs STATE REPRESENTED BY [ RESPONDENT ] INSPECTOR OF POLICE(CRIME BRANCH) S-9, PAZHAVANTHANGAL POLICE STATION, CHENNAI 600061.

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.1427/2018 on the file of the High Court, the High Court will be pleased to suspend the sentence and to enlarge the petitioner on bail in the judgement passed by the Honble court of the VII Additional Sessions Judge at Chennai, in CA.No.277/2016 dated 10.07.2018 confirming the Judgment and sentence passed by the Fast track Court-IV Metropolitan Magistrate, George Town, Chennai, dated 19th day of October 2016 in C.C.No.1537 of 2013 dated 19.10.2016, has com to a conclusion that accused has committed offence punishable U.S.138 of NI Act and convicted and sentenced to undergo 6 months simple imprisonment and directed to pay a compensation of Rs.

6,00,000/- Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.1427/2018 on the file of the High Court and upon hearing the arguments of M/S.J.J.R.EDWIN, Advocate for the petitioner and of PUBLIC PROSECUTOR on behalf of the Respondent the court made the following order:- The petitioner/appellant was convicted for offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo six months simple imprisonment and to pay a sum of Rs.6,00,000/-, as compensation u/s.357(3) Cr.P.C., by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai-1, under judgment, dated 19.10.2016, in C.C.No.1537 of 2013.

The conviction and sentence imposed by the trial Court was confirmed by learned VII Additional City Civil Court, Chennai, under order in C.A.No.277 of 2016, dated 10.07.2018. Hence, the petitioner seeks suspension of sentence.

2.The learned counsel for the petitioner/appellant would submit that during the pendency of the revision case, substantial amount has been settled to the respondent. The said fact is acknowledged by the learned counsel for the respondent.

3.In view of the submissions made by the learned counsel on both sides, this Court is inclined to suspend the sentence and enlarge the petitioner on bail. Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to be enlarged on bail on condition that she shall execute a 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 learned IV Metropolitan Magistrate, Fast Track Court, George Town, Chennai, and on further condition that the petitioner shall report before the trial Court once in a month, i.e. on the first working day of every month at 10.30 a.m., pending disposal of the revision case. -sd/- 06/12/2018 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 IV METROPOLITAN MAGISTRATE, FAST TRACK COURT, GEORGE TOWN, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

[FOR INFORMATION] 3 THE VII ADDITIONAL SESSIONS JUDGE, CHENNAI.

4 THE INSPECTOR OF POLICE(CRIME BRANCH) S-9, PAZHAVANTHANGAL POLICE STATION, CHENNAI 600061.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+2C.C. to M/S.J.J.R.EDWIN Advocate on payment of necessary charges IN SR.NO. 23328 Order in CRL MP.16642/2018 in CRL RC.1427/2018 Date :06/12/2018 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MLT-06/12/2018