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Madras High CourtCRL MP(MD)/5545/2020allowed

Palanisamy v. M.A.S.E.Zoolfigar

2020-12-01Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of December Two Thousand and Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI Crl.M.P.(MD)Nos.5545 and 5546 of 2020 PALANISAMY ... PETITIONER/ PETITIONER in both the petitions Vs M.A.S.E.ZOOLFIGAR ... RESPONDENT/ RESPONDENT in both the petitions PRAYER IN Crl.M.P.(MD)No.5545 OF 2020:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspension sentence of imprisonment imposed by the Judgment and order of conviction and sentence as well as award of compensation dated 11.07.2018 passed in S.T.C.No.59 of 2008 by the District Munsif Court Cum Judicial Magistrate Court, Ilaiyangudi the as confirmed by the judgment and order dated 28.09.2020 passed in C.A.No.84 of 2018 by the Additional District and Sessions Court, Sivagangai pending disposal of the above revision. Prayer in CRL MP(MD). 5546/ 2020 :

To exemption from surrendering himself to the judicial custody for sentence of imprisonment imposed by the judgment and order of conviction and sentence as well as award of compensation dated 11.07.2018 passed in S.T.C.No.59 of 2008 by the District Munsif Court Cum Judicial Magistrate Court, Ilaiyangudi the as confirmed by the judgment and order dated 28.09.2020 passed in C.A.No.84 of 2018 by the Additional District and Sessions Court, Sivagangai pending disposal of the above revision.

PRAYER in Crl.R.C.(MD) No.617 of 2020:

To call for the records and set aside the judgment and order dated 28.09.2020 passed in C.No.84 of 2018 by the Additional District and Sessions Court, Sivagangai confirming the judgment and order of conviction and sentence as well as award of compensation dated 11.07.2018 passed in S.T.C.No.59 of 2008 by the District Munsif Court cum Judicial Magistrate, Ilaiyangudi, allow the above revision petition.

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Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.S.RAMU, Advocate for the petitioner in both the petitions, While admitting the CRL RC., the court made the following order:- It is seen that the petitioner was convicted by the District Munsif cum Judicial Magistrate, Ilaiyangudi, in S.T.C.No.59 of 2008 for the offence under Section 138 of Negotiable Instruments Act and was sentenced to undergo three months simple imprisonment and to pay a compensation of Rs.3,03,000/- (Rupees Three Lakhs and Three Thousand only), by judgment, dated 11.07.2018.

2. As against the said conviction and sentence, the petitioner has preferred an appeal in C.A.No.84 of 2018 before the learned Additional District and Sessions Judge, Sivagangai. The first appellate Court has also confirmed the conviction and sentence, by its judgment dated 28.09.2020. Aggrieved by which, the petitioner has preferred a revision case in Crl.R.C.No.617 of 2020. Along with the revision, he has filed the present application for suspension of sentence pending disposal of the said revision.

3. The learned counsel for the petitioner fairly conceded that the petitioner is ready and willing to deposit 25% of the cheque amount to the credit of S.T.C.No.59 of 2008, before the District Munsif cum Judicial Magistrate, Ilaiyangudi, without prejudice to his case.

4.

The learned counsel for the petitioner has raised substantial points in the memorandum of revision, which require a detailed consideration by this Court. Considering the facts and circumstances of the case and also considering the submissions of the learned counsel for the petitioner and considering the fact that the Criminal Revision Case is not likely to be taken up for final hearing in the near future, this Court is of the view that the petitioner herein is entitled to the relief of suspension of sentence.

5. Accordingly, Crl.M.P.(MD)No.5545 of 2020 is allowed and the substantive sentence of imprisonment alone is suspended and the petitioner is ordered to be released on bail on the following conditions:- (i) the petitioner is not exempted from surrendering before the trial Court and the petitioner is directed to surrender before the District Munsif cum Judicial Magistrate, Ilaiyangudi, within a period of three weeks from the date of receipt of copy of this order;

(ii) the petitioner shall deposit of sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of S.T.C.No.59 2/3

of 2008, before the District Munsif cum Judicial Magistrate, Ilaiyangudi, within a period of three weeks from the date of receipt of copy of this order;

(iii) On deposit of the aforesaid amount, the petitioner is directed to execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate, Ilaiyangudi.

(iv) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Trial Judge may obtain a copy of their valid identity card to ensure their identity.

(v) the petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision or until further orders.

(vi) On such deposit, the before the District Munsif cum Judicial Magistrate, Ilaiyangudi, shall re-deposit the sum of Rs.40,000/- (Rupees Forty Thousand only) in a Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl. R.C.(MD)No.617 of 2020.

6. Accordingly, Crl.M.P.(MD)No.5546 of 2020 is dismissed. sd/- 01/12/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, SIVAGANGAI 2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILAIYANGUDI 3 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. +1 CC to M/s.S.RAMU, Advocate ( SR-7779[I] dated 01/12/2020 ) ORDER IN Crl.M.P.(MD)Nos.5545 and 5546 of 2020 IN CRL RC(MD) No.617 of 2020 Date :01/12/2020 MS/PN/SAR-3/07.12.2020/3P.5C 3/3