V.Saraswathi v. S.Anandhakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI CRL.M.P(MD).Nos.14176 and 14177 of 2023 in CRL.R.C(MD).No.1110 of 2023 V.SARASWATHI ... PETITIONER/REVISION PETITIONER IN BOTH CRL MP'S Vs S.ANANDHAKUMAR ... RESPONDENT/RESPONDENT IN BOTH CRL MP'S Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to suspend the sentence of the petitioner imposed in judgment dt.2/9/2022 in STC No.34/2019 on the file of the FTC at Magisterial Level,Thanjavur confirmed in Judgement dt.22/2/2023 made in Crl.A.No.70/2022 on the file of the Principal Sessions Judge, Thanjavur, pending disposal of the above Criminal revision Petition. Prayer in CRL MP(MD). 14177/ 2023 :

To exempt the petitioner from surrender before the Fast Track Court at Magisterial Level,Thanjavur in STC No.34/2019 judgment dt.2/9/2022,confirmed in judgment dt.22/2/2023 made in Crl.A.No.70/2022 on the file of the Principal Sessions Judge,Thanjavur pending disposal of the above Criminal Revision Petition Prayer in CRL RC(MD). 1110/ 2023 :

To call for the records and set aside the judgment dt.22/02/2023 made in Crl.A.No.70/2022 on the file of Principal Sessions Judge, Thanjavur, confirming the 1/5

judgment dt.2/9/2022 in STC No.34/2019 on the file of the Fast Track Court at Magisterial Level,Thanjavur and allow the Criminal Revision Case. Order : These Civil Miscellaneous petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.ARUN PRASAD.A, Advocate for the petitioner, while admitting the Crl RC., the court made the following order:- These Criminal Miscellaneous Petitions are filed to suspend the sentence passed by the Fast Track Court at Magisterial Level, Thanjavur, in S.T.C.No.34 of 2019, dated 02.09.2022, which was confirmed in Criminal Appeal No.70 of 2022, dated 22.02.2023 by the learned Principal Sessions Judge, Thanjavur, pending the disposal of the Criminal Revision Case and for exemption of his surrender pursuant to the aforesaid Judgment.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court for the alleged offence under Section 138 of Negotiable Instrument Act and sentenced him to undergo simple imprisonment for a period of six months and to pay a sum of Rs.64,000/- (Rupees Sixty Four Thousand only) as compensation to the respondent, in default to undergo simple imprisonment for a period of two months in S.T.C.No.34 of 2019, on the file of the learned Fast Track Court at Magisterial Level, Thanjavur.

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3. The learned Principal Sessions Judge, Thanjavur, confirmed the conviction and sentence and dismissed the Criminal Appeal No. 70 of 2022, dated 22.02.2023. Challenging the same, the Criminal Revision Case has been filed before this Court along with these miscellaneous petitions.

4. It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses.

5. This Court has carefully considered the submission of the learned counsel for the petitioner and also perused the materials available on record.

6. The learned counsel for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further the criminal revision is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence. 3/5

7. 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 20% of the Cheque amount to the credit of S.TC.No.34 of 2019 on the file of the Fast Track Court at Magisterial Level, Thanjavur, 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 Fast Track Court at Magisterial Level, Thanjavur. (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.

8. The petitioner is not exempted from surrendering before the trial Court and the petitioner is directed to surrender before the Fast Track Court at Magisterial level, 4/5

Thanjavur, within a period of four weeks from the date of receipt of copy of this order. Hence, Crl.M.P.(MD)No.14177 of 2023 is dismissed.

9. Post the matter on 01.11.2023 for reporting compliance. sd/- 09/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA TO 1.THE FAST TRACK COURT AT MAGISTERIAL LEVEL, THANJAVUR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKONAM 3.THE PRINCIPAL SESSIONS JUDGE, THANJAVUR, COPY TO THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL.M.P(MD).Nos.14176 and 14177 of 2023 Date :09/10/2023 RK/DD (13/10/2023) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5