N.Natrayan @ Suresh v. V.Latcham

CRL MP(MD) No.3046 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of June Two Thousand Twenty PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL MP(MD) No.3046 of 2020 IN CRL RC(MD) No.354 of 2020 N.NATRAYAN @ SURESH ... PETITIONER/PETITIONER Vs V.LATCHAM ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence imposed by the learned Judicial Magistrate Court (FTC) Uthamapalayam in S.T.C.No.9/2012 dated 17.09.2013 confirmed by the learned Principal District Sessions Judge, Theni in Crl.A.No.57/2013 dated 09.07.2015, pending disposal of the Criminal Revision.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.A.P.MUTHU PANDIAN, Advocate for the petitioner and of Mr.RAJKUMAR, Advocate on behalf of the Respondent the court made the following order:- The petitioner was convicted by the learned trial Judge for the offence under Section 138 of Negotiable Instruments Act and the same was also confirmed by the Court below.

2. The learned counsel for the petitioner submitted that the petitioner is in custody for more than 5 months.

3. Considering the fact that the petitioner is in custody for more than 5 months, I am of the view that the petitioner can be given the relief of suspension of sentence, if comes forward to make some payment. The learned counsel for the petitioner states that he will deposit 20% of the cheque amount to the credit of STC No.9 of 2012 on the file of Judicial Magistrate Court (FTC), Uthamapalayam.

4. On such deposit, the petitioner's sentence will be suspended and the petitioner is enlarged on bail, pending disposal of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.3046 of 2020 Criminal Revision Case and the petitioner is ordered to be released on bail on own bond by the Magistrate without insisting on sureties. 5.However, the petitioner is directed to 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 Judicial Magistrate Court (FTC), Uthamapalayam, after the concerned Court is reopened and on further condition that the petitioner shall appear before the said court on the first working day of every month at 10.30 am, pending disposal of the revision petition. sd/- 11/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID -19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE PRINCIPAL DISTRICT SESSIONS JUDGE, THENI.

2. THE JUDICIAL MAGISTRATE COURT (FTC), UTHAMAPALAYAM.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

ORDER

IN CRL MP(MD) No.3046 of 2020 IN CRL RC(MD) No.354 of 2020 Date :11/06/2020 VRN TE/JC/SAR-III : 17/06/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2