Rajendran v. N. Thangavel
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.5188 of 2016 IN CRL RC(MD) No.450 of 2016 RAJENDRAN ... PETITIONER/PETITIONER Vs N. THANGAVEL ... 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 of imprisonment and sentence imposed by the learned Sessions Judge/Mahalir Neethimandram (Fast Track Mahila Court) Karur in Crl.A. No.76 of 2015 by the Judgment dated 11.03.2016, by confirming the judgment passed by the learned Judicial Magistrate, Fast Track Court at Magisterial Level, Karur in C.C.No. 558 of 2014 by the Judgment dated 15.10.
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 M/S.D.RAMESHKUMAR, Advocate for the petitioner, the court made the following order:- The petitioner challenges the legality and propriety of the conviction and sentence recorded by the Trial Court as well as by the Appellate Court.
2. The revision petitioner is the accused in a cheque bouncing case in C.C.No.558 of 2014, on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Karur.
3. The petitioner has been convicted under Section 138 N.I.Act, and sentenced to 1 Month S.I., and fined Rs.1,000/-, i/d 10 days S.I.
4. The learned Sessions Judge, Fast Track Mahila Court, Karur, confirmed the conviction and sentence and dismissed the Criminal Appeal No.76 of 2015.
5. 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 in 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 prima facie case. I am inclined to grant revision bail to the petitioner.
6. In view of the foregoings, ordered as under: (i) Revision bail is granted.
(ii) Sentence of imprisonment ordered by the Trial Court and confirmed by the Appellate Court alone is suspended.
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(iii)There shall be two sureties, they and the petitioner shall execute a bond for Rs.15,000/- (Rupees fifteen thousand only) each to the satisfaction of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Karur.
(iv) 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/- 29/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE// MAHALIR NEETHIMANDRAM, FAST TRACK MAHILA COURT, KARUR.
2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT(MAGISTERIAL LEVEL), KARUR.
3 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE KARUR.
+1. C.C. to M/S D.RAMESHKUMAR Advocate SR.No.34017
ORDER
IN CRL MP(MD) No.5188 of 2016 IN CRL RC(MD) No.450 of 2016 Date :29/06/2016 PA/GSV-PM/SAR II/30.06.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/