Rajagopal v. Sharmila Sundaram
CRL MP(MD) No.1412 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.1412 of 2023 IN CRL RC(MD) No.102 of 2023 RAJAGOPAL ... PETITIONER/PETITIONER/ APPELLANT/SOLE ACCUSED Vs SHARMILA SUNDARAM ... 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 pass an order Suspending the Sentence imposed on FTCII,Magistrate Level,Madurai made in STC.No.300 of 2017 dt.23.7.2019 as confirmed subsequently by the Learned V-Addl.Dist and Sess.Judge,Madurai made in CA.No.97 of 2019 dt.30.9.2022. Prayer in CRL RC(MD). 102/ 2023 :
To call for the records and set aside the order of conviction and sentence imposed on him by the Fast Track Court -II, Magistrate Level,Madurai made in STC.No.300 of 2017 dt.23.7.2019 as confirmed subsequently V-Additional District and Sessions Judge,Madurai made in C.A.No.97 of 2019 dated 30.09.2022. 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.JEYAKUMAR B, Advocate for the petitioner, the court made the following order:- This petition is filed to suspend the sentence imposed by the Court of the learned Judicial Magistrate No.II, (Fast Track Court, Magisterial Level), Madurai, in S.T.C.No.300 of 2017 , dated 23.07.2019, which was confirmed by the learned V Additional District and Sessions Judge, Madurai, pending disposal of the Criminal Revision.
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 the Negotiable Instruments Act and sentenced him to undergo three months simple imprisonment. The above said conviction and sentence has been confirmed by the appellate Court.
3.The learned counsel appearing for the petitioner submitted that even though complaint has been preferred through the power of https://www.mhc.tn.gov.in/judis 1/2
CRL MP(MD) No.1412 of 2023 attorney, during the course of evidence, he would submit that all the transaction was done personally, that was not taken into account either by the trial Court or by the appellate Court and he also pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. 4.This Court has carefully considered the contentions put forward by the petitioner and also perused the materials available on record.
5.Accordingly, the suspension of sentence petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision and the petitioner is directed to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.II, Fast Track Court, Magisterial Level, Madurai and on further condition that the petitioner shall appear before the concerned Court once in a week i.e., on the first working day of every week at 10.30 a.m. pending revision.
sd/- 30/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE JUDICIAL MAGISTRATE NO.II, FAST TRACK COURT, MAGISTERIAL LEVEL, MADURAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. COPY TO THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
(CALL FOR RECORDS) ORDER IN CRL MP(MD) No.1412 of 2023 IN CRL RC(MD) No.102 of 2023 Date :30/01/2023 RK/SSS/SAR- 3(02/02/2023) 2P/4C https://www.mhc.tn.gov.in/judis 2/2