Madras High CourtCRL MP(MD)/14812/2022allowed

Saravanan v. Venkatesan

2022-12-08Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.14812 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of December Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.14812 of 2022 IN CRL RC(MD) No.1172 of 2022 SARAVANAN ... PETITIONER/PETITIONER Vs VENKATESAN ... RESPONDENT/RESPONDENT 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 imposed in Judgment in Crl.A.No.6 of 2021 on the file of the I-Additional District and Sessions Judge(PCR), Thanjavur dt.29.7.2022 confirming the Judgment and sentence passed in CC.No.93 of 2017 by the Judicial Magistrate Court(FTC),Thanjavur dated 19.10.2020 till the disposal of the revision petition. Prayer in CRL RC(MD). 1172/ 2022 :

To call for the records and set aside the Judgment and sentence passed in CA.No.6 of 2021 on the file of the I-Additional District and Sessions Judge(PCR),Thanjavur dt.29.7.2022 confirming the Judgment and sentence passed in CC.No.93 of 2017 on the file of the Judicial Magistrate Court (Fast Track Court) Thanjavur dated 19.10.2020 and allow this revision case.

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.TAMILMANI N, Advocate for the petitioner and of Mr.D.S.HAROON RASHEED, Advocate for the Respondent, the court made the following order:- This petition is filed to suspend the sentence imposed in judgment in Criminal Appeal No.6 of 2021 on the file of the I Additional District and Sessions Judge (PCR), Thanjavur, dated 29.07.2022 confirming the judgment and sentence passed in C.C.No.93 of 2017 by the learned Judicial Magistrate Court (Fast Track Court), Thanjavur, dated 19.10.2020 till the disposal of the Revision Petition.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.14812 of 2022 2.Challenging the conviction and sentence, the petitioner has preferred the present Criminal Revision Case along with the instant miscellaneous petition seeking suspension of sentence. 3.The learned counsel appearing for the petitioner submitted that the matter has been settled between the parties and Rs.1,26,000/- has deposited before the concerned trial Court during the appeal. Now, for the balance amount of Rs.5,00,000/-, Demand Draft has handed over to the respondent's counsel and the same was received by the him.

4.Since a compromise has been reached between the parties, the sentence imposed on the petitioner is suspended, pending disposal of the Criminal Revision Case, with the following conditions:-

1. The petitioner is order to be released on executing own bond for a sum of Rs.10,000/-, to the satisfaction of the Superintendent, Central Prison Trichy.

2. The petitioner shall appear before this Court on 16.12.2022.

5.The respondent is at liberty to withdraw the above said amount which was deposited by the petitioner before the trial Court. 6.For filing joint compromise memo, list the matter on 16.12.2022.

sd/- 08/12/2022 / TRUE COPY / 08/12/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR), THANJAVUR. 2 THE JUDICIAL MAGISTRATE, (FAST TRACK COURT), THANJAVUR. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. C.C. to M/S.TAMILMANI N Advocate SR.No.14549 ORDER IN CRL MP(MD) No.14812 of 2022 IN CRL RC(MD) No.1172 of 2022 Date :08/12/2022 indu SA/SSS/SAR.2/08.12.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2