P. Murugesan v. R. Sudharsan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.4607 of 2016 IN CRL RC(MD) No.374 of 2016 1 P.MURUGESAN 2 M.RAVI ..PETITIONERS/APPELLANT/ACCUSED 3 & 5 Vs.

R.SUDHARSAN ..RESPONDENT/RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the sentence made in STC No.705 of 2011 on the file of the Judicial Magistrate, Fast Track Court, Magisterial Level, Karur, dated 28.04.2015 as confirmed by the Judgment in C.A.No.60 of 2015 dated 18.02.2016 on the file of the Sessions Judge, Mahila Fast Track Court, Karur, pending disposal of the above revision petition. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S S.VIJAYA KUMAR, Advocate for the petitioner, the court made the following order:- The revision petitioners challenge the legality and propriety of the conviction and sentence recorded by the trial Court and as modified by the appellate Court.

2.The revision petitioners are A3 and A5 in a cheque bouncing case in S.T.C.No.705 of 2011.

3.The learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur convicted the petitioners and sentenced them to undergo 5 months S.I. and directed to pay a fine of Rs.1,500/- each with default sentence.

4.The learned Additional Sessions Judge, Fast Track Mahila Court, Karur in C.A.No.60 of 2015 confirmed the conviction but modified the sentence to 3 months S.I. and directed to pay a fine of Rs.1,500/- each with default sentence. Fine amounts paid. 5.The learned counsel for the petitioners submitted that there are very many legal infirmities in the conviction recorded by the trial Court and by the appellate Court and they are required to be revised.

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6.In the facts and circumstances, perusing the impugned judgments and the materials on record, I am of the view that certain eminently arguable points are involved in this Criminal Revision. They are required to be examined in detail at the main criminal revision. It will take some time for the disposal of this Criminal revision. Further, the petitioners were on bail in the trial Court. I see primafacie case. I am inclined to grant revision bail to the petitioners.

6.In view of the above, ordered as under:

(1) Revision bail granted.

(2) Modified sentence of imprisonment awarded by the learned Additional Sessions Judge, Fast Track Mahila Court in Crl.A.No.60 of 2015 is suspended.

(3) There shall be two sureties, they and the petitioners shall each execute a bond for Rs.10,000/- (Rupees Ten thousand only) to the satisfaction of the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.

(4) The petitioners shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders. sd/- 14/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL SESSIONS JUDGE, FAST TRACK MAHILA COURT, KARUR. 2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT AT MAGISTRATERIAL LEVEL, KARUR. 3 -do-thro' THE CHIEF JUDICIAL MAGISTRATE, KARUR. +1. C.C. to M/S S.VIJAYA KUMAR Advocate SR.No.30735 ORDER IN CRL MP(MD) No.4607 of 2016 IN CRL RC(MD) No.374 of 2016 Date :14/06/2016 PBK/GSV-PM/SAR-I 15/06/2016 ::2P-5C::

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