A.Subramanian v. Chandrasekaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of February Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL.R.C.(MD)No.144 of 2023 A.SUBRAMANIAN ... PETITIONER/APPELLANT/ SOLE ACCUSED Vs CHANDRASEKARAN ... RESPONDENT/RESPONDENT/ COMPLAINANT 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 by the Learned Principal District Judge,Karur in CA.No.55 of 2022 dt.23.12.2022 by confirming the judgment of conviction and sentence passed by the Learned Judicial Magistrate,Fast Track Court(Magistrate Level),Karur in C.C.No.76 of 2019 dated 30.03.2022 and enlarge the petitioner on bail pending disposal of the above appeal.

Prayer in CRL RC(MD). 144/ 2023 :

To call for the records pertaining to the impugned judgment of conviction and sentence passed by the Learned Principal District Judge,Karur in CA.No.55 of 2022 dated 23.12.2022 which confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court(Magistrate Level), Karur in C.C.No.76 of 2019 dated 30.03.2022 and set aside the same. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.KARUPPASAMY PANDIYAN G, Advocate for the petitioner,while admitting the CRL RC., the court made the following order:- This petition is filed to suspend the sentence imposed by the Court of the learned Principal District Judge, Karur in Crl.A.No.55 of 2022 dated 23.12.2022, in confirming the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court, Magisterial Level, Karur, in C.C.No.76 of 2019 dated 30.03.2022, pending disposal of the Criminal Revision.

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2.The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court for the alleged offence under Section 138 of Negotiable Instruments Act, and sentenced him to undergo two years simple imprisonment. The appellate Court has confirmed the conviction and sentence imposed by the trial Court.

3.The learned counsel appearing for the petitioner submitted that before the trial Court this petitioner was represented by an Advocate. Judgment of conviction rendered by the trial Court. Against which appeal has been preferred and during the course of appeal, a representation was made to remand back the matter to the trial Court, but that was not considered.

4.Considering the submission made by the learned counsel for the petitioner and on the basis of the perusal of records, this Court is inclined to grant suspension of sentence to the petitioner with conditions.

5.Accordingly, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision and the petitioner is directed to be enlarged on bail on his executing 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 Judicial Magistrate, Fast Track Court, Magisterial Level, Karur and on further condition that the petitioner shall appear before the concerned Court once in a week i.e., on the first working day of every week at 10.30 a.m. pending revision.

sd/- 06/02/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1.THE PRINCIPAL DISTRICT JUDGE, KARUR 2.THE JUDICIAL MAGISTRATE, FAST TRACK COURT, MAGISTERIAL LEVEL, KARUR.

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3.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR.

+1 CC to M/s.G.KARUPPASAMY PANDIYAN, Advocate ( SR-1889[I] dated 07/02/2023 )

ORDER

IN in CRL.R.C.(MD)No.144 of 2023 Date :06/02/2023 RK/SAR-3 (14/02/2023) 3P/5C 3/3