V.Ravichandran v. T.Karuppannan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.6798 of 2016 IN CRL RC(MD) No.537 of 2016 V.RAVICHANDRAN ... PETITIONER/PETITIONER Vs T.KARUPPANNAN ... 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 conviction and sentence imposed against the in C.A. No.41 of 2016 dated 27.7.2016 on the file of the Learned Mahalir Fast Track Court, Karur by modifying the sentence passed b the learned J.M./FTC at Magistrate Level, Karur in C.C.No.572 of 2013, dated 8.6.2016 and enlarge the petitioner on bail in 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 R.MATHIYALAGAN, Advocate for the petitioner while admitting the Criminal Revision Case 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.572 of 2013, 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 3 Months S.I.

4. The learned Sessions Judge, Fast Track Mahila Court, Karur, allowed the C.A.No.41 of 2016 in part; confirmed the conviction and modified the sentence to 1 Month S.I.

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 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 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.

7. In view of the foregoings, ordered as under: (i) Revision bail is granted.

(ii) Sentence of imprisonment ordered by the Trial Court and modified by the Appellate Court alone is suspended. (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/- 11/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, MAHALIR FAST TRACK COURT, KARUR.

2. THE JUDICIAL MAGISTRATE , FAST TRACK COURT AT MAGISTRATE LEVEL, KARUR.

+1. C.C. to M/S R.MATHIYALAGAN Advocate SR.No. 43812

ORDER

IN CRL MP(MD) No.6798 of 2016 IN CRL RC(MD) No.537 of 2016 Date :11/08/2016 KRK TE/GSV-PM/SAR-III : 12/08/2016 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/