Mrs.E.Thangamani v. Mr.K.S.Velusamy (Died)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.8655 of 2017 IN CRL RC(MD) No.110 of 2016 MRS.E.THANGAMANI ... PETITIONER/PETITIONER / APPELLANT / ACCUSED Vs MR.K.S.VELUSAMY (DIED) V.SURESH KUMAR ... RESPONDENT/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 imposed on me by the Learned Principal Sessions Judge, Srivilliputhur, Virudhunagar District made in C.A.No.107 of 2013 dated 25.01.2016 confirming the sentence imposed on petitioner in STC No.1 of 2012 dated 19.07.

2013 passed by the Learned Fast Track Court Magistrate, Srivilliputhur, Virudhunagar District, pending disposal of the above Criminal 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.PALANI VELAYUTHAM, Advocate for the petitioner and of Mr.S.RAMASAMY, Advocate for Respondent and the court made the following order:- The petitioner / accused in S.T.C.No.1 of 2012, on the file of the learned Fast Track Judicial Magistrate, Srivilliputhur, Virudhunagar District while challenging his conviction and sentence, seeks revision bail under Section 397 r/w 401 of Cr.P.C.

2. After trial, she has been convicted and sentenced to undergo as under:

Conviction Sentence Section 138 of N.I Act 6 months S.I. + Fine of Rs.5,000/- i/d 2 months S.I.

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3.The revision is preferred against the order of dismissal of the Appellate Court confirming the judgment of the Trial Court under Section 138 N.I.Act, against the petitioner herein. 4.Suspension of sentence ordered by this Court was cancelled by way of cancellation petition filed by the respondent herein since the petitioner failed to execute the bond as ordered by this Court. Hence, suspension of sentence ordered was revoked by this Court.

5.The learned counsel for the petitioner submitted that he is ready for final hearing of the Criminal Revision. 6.Reasons assigned for seeking suspension of sentence for the second time is not acceptable one. Hence, this Court is not inclined to grant suspension of sentence. Accordingly this petition is dismissed.

sd/- 31/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS JUDGE SRIVILLIPUTHUR 2 THE FAST TRACK JUDICIAL MAGISTRATE SRIVILLIPUTHUR VIRUDHUNAGAR DISTRICT 3 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR +1. C.C. to Mr.S.RAMASAMY, Advocate SR.No.33535

ORDER

IN CRL MP(MD) No.8655 of 2017 IN CRL RC(MD) No.110 of 2016 Date :31/10/2017 gns SH/SM-RR/SAR-3:03.11.2017:2p/5c https://hcservices.ecourts.gov.in/hcservices/