A.Rajeswari v. R.Prathaban
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of November Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) No.1070 of 2024 A.RAJESWARI ... Petitioner / Appellant / Accused Vs R.PRATHABAN ... Respondent / Respondent / Complainant Criminal Miscellaneous 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 passed in Judgment of Conviction and sentence dated 03.01.2018 in STC.No.156 of 2014 on the file Learned Fast Track Court (Magistrate Level No.2) Nagercoil, Kanyakumari District confirming the Judgment of Conviction and sentence dated 25.09.2024 in CA No.142 of 2018 on the file learned Additional Sessions Court (Fast Track), Kanyakumari District at Nagercoil pending disposal of the above criminal revision petition. Prayer in CRL RC(MD). 1070/ 2024 :
To call for the records relating to the Judgment of Conviction and sentence dated 03.01.2018 in STC.No.156 of 2014 on the file Learned Fast Track Court (Magistrate Level No.2), Nagercoil, Kanyakumari District confirming the Judgment of conviction and sentence dated 25.09.2024 in CA No.142 of 2018 on the file learned Additional Sessions Court (Fast Track ) Kanyakumari District at Nagercoil and set aside the same.
Order : This miscellaneous petition coming up for orders on this day, upon 1/6
perusing the petition filed in support thereof and upon hearing the arguments of M/s.B.MICHEAL SEBASTIN, Advocate for the petitioner, while admitting the criminal revision case, the Court made the following order:- This Criminal Miscellaneous Petition has been filed to suspend the sentence passed by the Fast Track Court (Magisterial Level No.II), Nagercoil, Kanyakumari District in S.T.C.No.156 of 2014, dated 03.01.2018, which was confirmed in Criminal Appeal No.142 of 2018, dated 25.09.2024, by the learned Additional Sessions Court (Fast Track), Kanyakumari District at Nagercoil, pending disposal of the Criminal Revision Case.
2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 03.01.2018 for the alleged offence under Section 138 of Negotiable Instrument Act, and the trial Court sentenced him to undergo simple imprisonment for a period of six months and to pay a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) as compensation to the respondent within a period of two months from the date of judgment, in default to undergo simple imprisonment for a period of one month in S.T.C.No.156 of 2014 on the file of the Fast Track Court (Magisterial Level No.II), Nagercoil, Kanyakumari District.
3. The learned Additional Sessions Court (Fast Track), Kanyakumari District at Nagercoil confirmed the conviction and sentence, and dismissed the Criminal 2/6
Appeal No.142 of 2018, dated 25.09.2024. Challenging the same, the present Criminal Revision case has been filed before this Court along with this miscellaneous petition.
4. It is submitted by the learned counsel for the petitioner that there are several infirmities in the prosecution case, and also 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 has also perused the materials available on record.
6. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies present in this case, and also there are 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.
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 a sum of Rs.50,000/- (Rupees 3/6
Fifty Thousand only) to the credit of S.T.C.No.156 of 2014 on the file of the Fast Track Court (Magisterial Level No.II), Nagercoil, Kanyakumari District, within a period of four 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 Fast Track Court (Magistrate Level) No.II, Nagercoil, Kanyakumari District. (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.
(v) On such deposit, the learned Magistrate, Fast Track Court 4/6
(Magistrate Level) No.II, Nagercoil, Kanyakumari District, shall redeposit the said sum 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.1070 of 2024.
sd/- 04/11/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
MKN To 1.The Additional District Judge, Additional District Court (Fast Track), Kanyakumari District at Nagercoil.
2.The Judicial Magistrate, Fast Track Court (Magistrate Level No.II), Nagercoil, Kanyakumari District.
3.Do through the Chief Judicial Magistrate, Kanyakumari District at Nagercoil.
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Copy to:
The Section Officer, Criminal Section (Records), Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.B.MICHEAL SEBASTIN, Advocate ( SR-13547[I] dated 04/11/2024 )
ORDER
IN in CRL RC(MD) No.1070 of 2024 Date :04/11/2024 ED/ SKN /SAR- (18/11/2024) 6P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6