M. Abdul Bazeer v. M. Duraipandi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of August Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.466 of 2016 IN CRL RC(MD) No.23 of 2016 M. ABDUL BAZEER ...PETITIONER/APPELLANT/ACCUSED. Vs M. DURAIPANDI ... 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 Crl.A.No. 75/2013 on the file of the II Additional District Sessions Judge, Tuticorin dated 24.02.2015 confirming the judgement made in C.C.No. 716 of 12 dated 19.06.2013 on the file of the Fast Track Court (Magistrate Level), Tuticorin and enlarge the petitioner on bail, pending disposal of the above Crl.R.

C Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S I.ROBERT CHANDRAKUMAR, Advocate for the petitioner, the court made the following order:- The revision petitioner challenges the legality and propriety of the conviction and sentence recorded by the trial Court as well as the appellate Court.

2.The revision petitioner is the accused in a cheque bouncing case in C.C.No.716 of 2012, on the file of the learned Judicial Magistrate, Fast Track Court (Magistrate Level), Thoothukudi. 3.The petitioner has been convicted under Section 138 N.I. Act and sentenced to one year S.I., and he was also directed to pay the cheque amount, namely, Rs.2,00,000/- to the complainant as compensation in one month and default to undergo one months S.I. 4.The learned II Additional Sessions Judge, Thoothukudi confirmed the conviction and sentence and dismissed his Criminal Appeal No.75 of 2013.

5.The learned counsel for the petitioner 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. There is prima facie case in favour of the petitioner. https://hcservices.ecourts.gov.in/hcservices/

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 petitioner was on bail in the trial Court. I see primafacie case. I am inclined to grant revision bail to the petitioner.

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

(1) Revision bail granted.

(2) Sentence of imprisonment ordered by the Trial Court and confirmed by the Appellate Court alone is suspended.

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

(4) The direction under Section 357(3) Cr.P.C. to pay the amount shall be suspended on deposit of Rs.40,000/- to the credit of C.C.No.716 of 2012 within a period of one week from the date of receipt of a copy of this order.

(5) The said sum of Rs.40,000/- shall be deposited in a nationalized bank for a period of three years or till the disposal of criminal revision and the accrued interest thereon and the principal amount shall abide by the result of this revision.

(6) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m. until further orders. sd/- 31/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL SESSIONS JUDGE,THOOTHUKUDI. 2 DO THRO THE PRINCIPAL SESSIONS JUDGE,THOOTHUKUDI. 3 THE JUDICIAL MAGISRATE,FAST TRACK COURT (MAGISTRATE LEVEL) THOOTHUKUDI.

4 DO THRO THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI DISTRICT. +1. C.C. to M/S I.ROBERT CHANDRAKUMAR Advocate SR.No.48812.

ORDER

IN CRL MP(MD) No.466 of 2016 IN CRL RC(MD) No.23 of 2016 Date :31/08/2016 https://hcservices.ecourts.gov.in/hcservices/ AM/GSV.PM/SAR-I/31.08.2016/2P/6C