M/S. Jai Fire Works (P) Ltd v. G.C.Ravindran,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of July Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice S.VIMALA CRL MP(MD) No.6176 of 2016 IN CRL RC(MD) No.510 of 2016 M/S.JAI FIRE WORKS (P) LTD REP THROUGH ONE OF ITS DIRECTORS P.N.STALIN 2 MR.P.S.STALIN ..PETITIONERS/PETITIONERS Vs.
G.C.RAVINDRAN, S/O.G.CHELLAIAH, ACCOUNTANT AND SPECIAL POWER OF ATTORNEY OF M/S.LAJAPATHIY PACKER ..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 execution of sentence imposed by Principal Sessions Court, Virudhunagar District at Srivilliputhur in Crl.A. No.179 of 2004 dated 4.4.2016 in confirming the convition and sentence passed by the Judicial Magistrate Court, Sivakasi in C.C.No.522 of 2002 dated 15.10.2004 and release the petitioner on bail 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 G.MARIMUTHU, Advocate for the petitioners, the court made the following order:- The petitioners/accused have challenged the order passed by the Principal Sessions Court, Virudhunagar in Crl.A.No.179/2004 dated 04.04.2016 confirming the conviction and sentence imposed by the Judicial Magistrate, Sivakasi, in C.C.No.522/2002 dated 15.10.2004.
2. The petitioners have been convicted under Section 138 r/w 142 of the Negotiable Instruments Act and Sentenced to undergo simple imprisonment for six months.
3. It is represented by the learned counsel for the petitioners that out of 11 cases pending against these petitioners, in 9 cases, suspension of sentence has already been ordered and one such order has been passed in Crl.RC(DM)No.421/2016 dated 22.06.2016. The learned counsel for the petitioners would submit that there are arguable points in their favour. The learned counsel would further submit that the petitioner was on bail during the period of trial and there is no likehood of absconding. It is not possible for this https://hcservices.ecourts.gov.in/hcservices/
Court to take up the revision for final hearing in the near future. In view of all the above, I am inclined to suspend the substantive sentence of imprisonment pending disposal of the revision.
4. Accordingly, this petition is allowed and the substantive sentence of imprisonment imposed on the petitioners alone is suspended and the petitioners are directed to be enlarged on bail, on the following conditions:
The petitioners execute a bond for a sum of Rs.15,000/- (Rupees Fifteen thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial magistrate, Sivakasi, and on further condition that the petitioners shall report before the concerned court on the first working day of every English Calender month at 10.30 a.m., until further orders.
sd/- 28/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
2 THE JUDICIAL MAGISTRATE, SIVAKASI 3 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUANGAR AT SRIVILLIPUTHUR.
+1. C.C. to M/S G.MARIMUTHU Advocate SR.No.40286 ORDER IN CRL MP(MD) No.6176 of 2016 IN CRL RC(MD) No.510 of 2016 Date :28/07/2016 PBK/GSV-PM/SAR-III 01/08/2016 ::2P-5C::
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