Petitioner sought revision bail against conviction and sentence under Section 138 NI Act. High Court found a prima facie case, granted revision bail, and suspended the sentence pending disposal of the criminal revision.
Revision bail granted; sentence of imprisonment suspended; bond of Rs.20,000 executed by petitioner and two sureties.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Monday, the Twentieth day of June Two Thousand Sixteen
PRESENT
The Hon`ble Dr.Justice P.DEVADASS CRL MP(MD) No.3426 of 2016 IN CRL RC(MD) No.262 of 2016
T.JOTHIRAJ ... PETITIONER/PETITIONER.
T.ASHOK KUMAR ... RESPONDENT/RESPONDENT.
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to suspend the execution of substantive sentence of imprisonment imposed by the Learned Fast Track Court (Magistrate Level) Karur in C.C. No.463 of 2013 on 22.1.2015 and modified by the learned Fast Track Mahila Court Karur in C.A. No.8 of 2015 on 30.3.2016 by releasing me on bail to satisfaction of Fast Track Court Magistrate Level Karur.
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.B.RAJESH SARAVANAN, Advocate for the petitioner, the court made the following order:-
The petitioner challenges the legality and propriety of the conviction and sentence recorded by the Trial Court as well as by the Appellate Court.
(ii) Sentence of imprisonment ordered by the Trial Court and modified by the Appellate Court alone is suspended.
(iii)There shall be two sureties, they and the petitioner shall execute a bond for Rs.20,000/- (Rupees twenty thousand only) each to the satisfaction of the learned Judicial Magistrate, Fast Track Court, Magisterial Level, Karur.
(iv) The petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., until further orders.
sd/-
20/06/2016
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE SESSIONS JUDGE, FAST TRACK MAHILA COURT, KARUR.
2 DO THRO THE PRINCIPAL SESSIONS JUDGE, KARUR.
3 THE JUDICAL MAGISTRATE, FAST TRACK COURT, MAGISTERIAL LEVEL, KARUR.
4 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
+1. C.C. to M/S.B.RAJESH SARAVANAN Advocate SR.No.31531.
ORDER
IN CRL MP(MD) No.3426 of 2016 IN
CRL RC(MD) No.262 of 2016 Date :20/06/2016
AM/AAL.MPA/SAR-I/21.06.2016/2P/6C
3 issues framed by the court
Whether to grant revision bail to the petitioner convicted under the Negotiable Instruments Act.
Whether the impugned conviction and sentence should be suspended pending the disposal of the criminal revision.
Whether the appeals merits warrant immediate suspension of jail sentence.
T.JOTHIRAJ
T.ASHOK KUMAR
P.DEVADASS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
