O.R.B Vikraman v. Balu Agencies

CRL MP(MD) No.10254 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.10254 of 2022 IN CRL RC(MD) No.824 of 2022 O.R.B.VIKRAMAN ... PETITIONER/PETITIONER/ 2nd APPELLANT/ACCUSED NO.2 Vs BALU AGENCIES, REPRESENTED BY ITS PROPRIETOR : CHITTIBABU, AMANAKUNATHAM VILLAGE, ARUPPUKOTTAI TALUK, VIRUDHUNAGAR DISTRICT. RESPONDENT/RESPONDENT/ RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the execution of the substantive sentence of 2 years Rigorous Imprisonment for the offence punishable under section 138 of the N.

I Act passed against the Petitioner which was confirmed in an appeal in C.A No.22 of 2019 dated 20.07.2022 on the file of the Additional District & Sessions Judge, Virudhunagar filed against the impugned order of conviction in C.C.No.102 of 2014 dated 30.7.2019 on the file of the Learned Judicial Magistrate, Aruppukottai till the disposal of the pending Reviison in Crl.RC(MD) No. Of 2022 and release the petitioner on bail.

Prayer in CRL RC(MD). 824/2022 :

To call for records and set aside the order of dismissal of an appeal dated 20.07.2022 in C.A No. 22 of 2019 on the file of the Additional District and Sessions Judge, Virudhunagar in Virudhunagar District confirming the order of conviction dated 30.07.2019 in C.C.No.102 of 2014 passed by the Learned Judicial Magistrate, Aruppukottai for the offence punishable under section 138 of NI Act and allow this Criminal Revision in Crl.RC(MD) No. Of 2022. 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.MICHAEL BHARATHI.M, Advocate for the petitioner, while admitting the Crl.RC., the court made the following order:- https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.10254 of 2022 In view of the specific averment that has been made in the revision case, this petition is allowed and the substantive sentence of imprisonment alone is suspended, pending disposal of the revision on the following conditions:- (i) the petitioners are directed to be enlarged on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aruppukottai; and (ii) on further condition that the petitioners shall appear before the said Court daily at 10.30 a.m pending revision.

sd/- 06/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR.

2. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

3. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

ORDER

IN CRL MP(MD) No.10254 of 2022 IN CRL RC(MD) No.824 of 2022 Date :06/09/2022 mm USK/VR/SAR-I/07.09.2022/2P/4C https://www.mhc.tn.gov.in/judis 2/2