Joseph Wilson v. T.Kanakaraj
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD)No.748 of 2023 JOSEPH WILSON ... PETITIONER/PETITIONER Vs T.KANAKARAJ ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to enlarge the petitioner on bail by suspending the sentence imposed in C.A.No.95/2010 by the Additional District and Sessions Judge Padmanabhapuram dated 05.12.2022 confirming the judgment of conviction and sentence made in STC No.1702/2007 by the Judicial Magistrate, Padmanabhapuram daed 20.10.2010 pending disposal of the above criminal revision case.
Prayer in CRL RC(MD). 748/ 2023 :
To set aside the judgment of conviction and sentence made in C.A.No.95/2010
by the Additional District and Sessions Judge padmanabhapuram dt 05.12.022 confirming the judgment of conviction and sentence made in STC No.1702/2007 by the Judicial Magistrate, Padmanabhapuram daed 20.10.2010 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.VENKATESH.D, Advocate for the petitioner, while admitting the Criminal Revision Case, the court made the following order:- This petition is filed to suspend the sentence imposed by the learned Additional District and Sessions Judge, Padmanabhapuram, in Crl.A.No.95 of 2010 dated 05.12.2022, in confirming the conviction and sentence imposed by the learned Judicial Magistrate, Padmanabhapuram, in S.T.C.No.1702 of 2007, dated 20.10.2010, and enlarge the petitioner on bail till the disposal of the Criminal Revision.
2. The learned counsel for the petitioner would submit that the petitioner was convicted by the learned Judicial Magistrate, Padmanabhapuram, for the offence under Section 138 of Negotiable Instruments Act, and sentenced him to undergo 6 months Rigorous Imprisonment. The learned Additional District and Sessions Judge, Padmanabhapuram, dismissed the appeal filed by the petitioner, in Crl.A.No.95 of 2010.
3. The learned counsel for the petitioner submitted that there are some arguable
points involved in the criminal revision and the learned trial Judge as well as the Appellate Judge has not considered the evidence in proper prospect and hence, the judgments are suffered from perversity. He further submitted that the cheque was not issued infavour of the defacto complainant. Hence, he seeks for the suspension of sentence.
4. This Court has carefully considered the submission made by the counsel for the petitioner and also perused the materials available on record.
5. Considering the fact that the cheque was not issued infavour of the defacto complainant and as rightly contended by the learned counsel for the petitioner that there are some arguable points involved in the criminal revision and since there was no antecedent against the petitioner, this Court is inclined to grant suspension of sentence.
6.Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions:- (i) The petitioner shall deposit 25% of the Cheque amount to the credit of S.T.C.No.1702 of 2007 on the file of the learned Judicial Magistrate, Padmanabhapuram, within a period of two weeks from the date of receipt of a copy of this order, failing which the sentence
suspended shall automatically dismissed and the respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;
(ii) On such deposit, the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Padmanabhapuram;
(iii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and (iv) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders.
sd/- 18/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS
TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PADMANABHAPURAM.
THE JUDICIAL MAGISTRATE, PADMANABHAPURAM.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT@ NAGERCOIL THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.D.VENKATESH, Advocate SR.No.11013(I) DT: 20/07/2023
ORDER
IN in CRL RC(MD)No.748 of 2023 Date :18/07/2023 Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 PKP/DD/SAR- /20.07.2023/ 5P/6C