The Madurai Bench suspended the petitioner's six-month rigorous imprisonment and ordered a deposit of 50% compensation as a condition for granting revision bail, pending disposal of the revision.
Revision bail granted; sentence suspended; petitioner directed to deposit 50% of compensation; bond executed with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Eighth day of December Two Thousand Seventeen
PRESENT
The Hon`ble Mr.Justice A.M.BASHEER AHAMED
CRL MP(MD) No.9996 of 2017 IN CRL RC(MD) No.807 of 2017
RATHINAM ... PETITIONER/PETITIONER/ APPELLANT/ACCUSED
BALASUBRAMANIAN ... RESPONDENT/RESPONDENT RESPONDENT/COMPLAINANT
Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to pass an order to suspend the sentence as imposed on the petitioner by means of the judgement by the Learned I Additional Sessions Judge, Tirunelveli Division at Tirunelveli made in C.A.No.57/2014 dated 14/02/2017 by confirming the order of conviction and sentence imposed on him by means of a judgement dated 02/06/2014 made in STC.No.1317/2012 by the Learned District Munsif cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District pending disposal of the above Crl.RC
Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.PALANI VELAYUTHAM, Advocate for the petitioner and of MR.S.BALAJI, Advocate for the Respondent while admitting CRL RC the court made the following order:-
The learned counsel for the petitioner and the learned counsel for the respondent are present and heard.
2.The petitioner herein is arrayed as accused in S.T.C.No.1317 of 2012 on the file of the learned District Munsif cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District, convicting the petitioner under Section 138 of Negotiable Instruments Act, to undergo 6 months R.I. and to pay compensation at Rs.3,50,000/- to the respondent herein. Against the judgment of the Trial Court, the petitioner has preferred an appeal in C.A.No.87 of 2014 before the First Additional Sessions Judge, Tirunelveli and the said appeal was dismissed, confirming the judgment of the Trail Court. As against the concurrent judgment passed by the Courts below, the petitioner is before this Court with the present Criminal Revision Case.
3.The learned counsel for the petitioner submitted that there https://hcservices.ecourts.gov.in/hcservices/ is no enforcement of debt liability on the date of issuance of cheque by the petitioner to the respondent herein and the disputed
cheque in question was given as security for the earlier transaction. It is further contended that the respondent has not proved the fact that he is having sufficient funds to extend loan on the date of issuance of cheque.
4.The learned counsel for the respondent submitted that the queries raised by the petitioner were properly answered by the courts below and the petitioner is not having any prima facie case in this Criminal Revision Case.
5.I have anxiously considered the submissions, perused the averments in the bail petition, impugned Judgment.
6.Perusing the impugned judgments and the materials on record and also considering the fact that it is a concurrent judgment, convicting the petitioner by the courts below and the author of the cheque is also admitted by the petitioner herein, I am of the view that certain eminently arguable points are involved in this criminal revision case. They are required to be examined in detail in the main case. It will take some time for the disposal of this criminal revision. I see prima facie case. I am inclined to grant revision bail to the petitioner.
sd/08/12/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
MKV-CM-SAR 4/14.12.2017/3P-6C
2 issues framed by the court
Whether to grant revision bail and suspend the enforced sentence in a cheque dishonour case where a prima facie case involving debt enforcement exists.
Whether the petitioner should be directed to deposit a portion of the compensation amount as a condition for bail.
1 provisions across 1 enactments
RATHINAM
BALASUBRAMANIAN
A.M.BASHEER AHAMED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
