V. Gnanasekar v. G.Singaravelu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI IN CRL RC(MD)No.68 of 2022 V.GNANASEKAR ... PETITIONER/PETITIONER IN BOTH THE PETIITIONS Vs G.SINGARAVELU ... RESPONDENT/RESPONDENT IN BOTH THE PETIITIONS Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence passed in Crl.A.No.41 of 2019 on the file of the Ist Additional District and Sessions Judge(PCR),Thanjavur,dated 17.12.2021 by confirming the order passed in STC.No.65 of 2016, dated 31.01.2019, on the file of the Judicial Magistrate(Fast Track Court), Thanjavur, till the disposal of the Criminal Revision Petition.

Prayer in CRL MP(MD). 1214/ 2022 :

To Exempt the Petitioner from Surrender as per the Judgment made in Crl.A.No.41 of 2019 on the file of the Ist Additional District and Sessions Judge(PCR),Thanjavur,dated by confirming the order passed in STC.No.65 of 2016,dated 31.01.2019, on the file of the Judicial Magistrate (Fast Track Court), Thanjavur, till the disposal of the Criminal Revision Petition.

Prayer in CRL RC(MD). 68/ 2022 :

To call for the records pertaining to the Crl.A.No.41 of 2019 on the file of the Ist Additional District and Sessions Judge(PCR), Thanjavur,dated 17.12.2021 by confirming the order passed in STC.No.65 of 2016, dated 31.01.2019,on the file of the Judicial Magistrate(Fast Track Court), Thanjavur .

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.G.KARNAN, Advocate for the petitioner in both petitions, the court made the following order:- 1/3

It is seen that the petitioner was convicted by the learned Judicial Magistrate, (Fast Track Court), Thanjavur, in S.T.C.No.65 of 2016 for the offence under Section 138 of Negotiable Instruments Act and was sentenced to undergo three months simple imprisonment and to pay a compensation of Rs.4,00,000/- (Rupees Four Lakhs only) in default to undergo two months simple imprisonment, by its judgment dated 31.01.2019.

2. As against the said conviction and sentence, the petitioner has preferred an appeal in C.A.No.41 of 2019 before the learned I Additional District and Sessions Judge (PCR), Thanjavur. The first appellate Court has also confirmed the conviction and sentence, by its judgement dated 17.12.2021. Aggrieved by which, the petitioner has preferred a revision case in Crl.R.C.No.68 of 2022. Along with the revision, he has filed the present applications (i) for suspension of sentence pending disposal of the said revision and (ii) to exempt the petitioner from surrendering before the Courts below.

3. The learned counsel for the petitioner fairly conceded that the petitioner is ready and willing to deposit 25% of the compensation amount to the credit of S.T.C.No.65 of 2016, before the learned Judicial Magistrate, (Fast Track Court), Thanjavur, without prejudice to his case.

4.The learned counsel for the petitioner has raised substantial points in the memorandum of revision, which require a detailed consideration by this Court.

Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner and considering the fact that the Criminal Revision Case is not likely to be taken up for final hearing in the near future, this Court is of the view that the petitioner herein is entitled to the relief of suspension of sentence.

5.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is ordered to be released on bail on the following conditions:

(i) the petitioner shall deposit of sum of Rs.1,00,000/- (Rupees One Lakh only), to the credit of S.T.C.No.65 of 2016, before the learned Judicial Magistrate, (Fast Track Court), Thanjavur, on or before 02.03.2022.

(ii)On deposit of the aforesaid amount, the petitioner is directed to execute 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), Thanjavur.

2/3

(iii)the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of their valid identity card to ensure their identity. (iv)the petitioner shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision.

(v) On such deposit, the learned Judicial Magistrate, (Fast Track Court), Thanjavur, shall re-deposit the sum of Rs.1,00,000/- (Rupees One Lakh only) in any Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD)No.68 of 2022.

(vi)If the aforesaid condition is not complied, the order of suspension of sentence stands automatically cancelled.

(vii)The petitioner is not exempted from surrendering before the trial Court and the petitioner is directed to surrender before the Judicial Magistrate, (Fast Track Court), Thanjavur, within a period of two weeks from the date of receipt of copy of this order.

6.

Accordingly, Crl.M.P.(MD)No.1214 of 2022 is dismissed.

sd/- 31/01/2022 / TRUE COPY / 31/01/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE 1st ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR), THANJAVUR. 2 THE JUDICIAL MAGISTRATE (FAST TRACK COURT), THANJAVUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

ORDER IN IN CRL RC(MD)No.68 of 2022 Date :31/01/2022 SA/JM/SAR.2/31.01.2022/3P/4C 3/3