Disposed

K.Karthikeyan v. N.Muthukumar

Madras HC20 Feb 2020CRL MP/2210/2020

Case brief

AI extract

What is this about?

The court suspended the petitioner's sentence of simple imprisonment pending the disposal of his Criminal Revision. Bail was granted subject to the petitioner depositing funds, executing a bond, and appearing monthly in court. Failure to deposit opens the door to remand.

What did the court decide?

Suspension of sentence and grant of bail subject to deposit of Rs.1,50,000, bond execution, and monthly court appearance.

K.Karthikeyan Vs N.Muthukumar — Cheque Dishonour | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Thursday, the Twentieth day of February Two Thousand Twenty

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PRESENT

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The Hon`ble Mr Justice R. MAHADEVAN

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CRIMINAL MISCELLANEOUS PETITION No.2210 of 2020

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IN CRL.R.C.No.296 OF 2020
K.KARTHIKEYAN [ PETITIONER ]
Vs

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N.MUTHUKUMAR [ RESPONDENT ]

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Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.296 of 2020 on the file of the High Court, the High Court will be pleased to suspend the sentence of simple imprisonment for one year imposed on the petitioner and also to pay a compensation amount of Rs.3,00,000/to the Respondent u/s 357[1] of cr.P.C.in default to under go further one month simple imprisonment in S.T.C.No.136 of 2019 on the file of the District Munsif-cum-Judicial Magistrate Court, Kodumudi by its Judgment dated 05.01.2019 and confirmed in appeal in Crl.A.No.38 of 2019 on the file of the Principal Sessions Judge, Erode by Judgment dated 20.12.2019 and/or pass such further or other orders.

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Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.296 of 2020 on the file of the High Court and upon hearing the arguments of M/S.T.K.S.GANDHI, Advocate for the petitioner the court made the following order:-

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By judgement, dated 05.01.2019 passed by the learned District Munsif cum Judicial Magistrate, Kodumudi, in S.T.C.No.136 of 2018, the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo simple imprisonment for a period of one year and further directed to pay compensation of Rs.3,00,000/- to the complainant, failing which, he shall undergo simple imprisonment for a further period of one month. Challenging the said conviction and sentence, the petitioner has preferred an appeal in Crl.A.No.38 of 2019 before the learned Principal Sessions Judge, Erode, in which, the order of conviction, https://hcservices.ecourts.gov.in/hcservices/ sentence and payment of compensation were affirmed. Aggrieved over

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the same, the petitioner has filed the present Criminal Revision Case. He also filed the instant Miscellaneous Petition seeking suspension of sentence, pending disposal of this Criminal Revision.

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According to the learned counsel for the Petitioner, there are copious materials on record to prove that there is no legally enforceable debt and the petitioner has rebutted the presumption contemplated under Section 139 of the Negotiable Instruments Act. The learned counsel further submitted that there are arguable points available in the Criminal Revision Case, which is not likely to be taken up for final hearing in the near future and hence, the substantive sentence imposed against the petitioner may be suspended.

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3.Heard the learned counsel for the petitioner and also perused the materials placed on record.

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Considering the facts and circumstances of the case and also taking note of the submissions of the learned counsel for the petitioner, this Court is of the view that the substantive sentence of imprisonment alone can be suspended subject to certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the relief of suspension of sentence and bail are granted, on the following conditions:-

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a) The Petitioner/Accused shall deposit Rs.1,50,000/- (Rupees one lakh fifty thousand only) before the learned District Munsif cum Judicial Magistrate, Kodumudi, within four weeks from the date of receipt of a copy of this order;

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b) On such deposit being made, the Trial Court shall redeposit the said amount in a fixed deposit account in any nationalized bank. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case.

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c) Thereafter, the Petitioner/Accused is ordered to be released on bail, on his executing a bond for a sum of Rs.10,000/(Rupees ten thousand only) with two sureties of whom, one should be a blood relative, each for a like sum to the satisfaction of the trial court;

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d) The Petitioner/Accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the learned Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.

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e) The Petitioner/Accused shall appear before the Trial Court at 10.30 a.m. on the first working day of every month, until the disposal of the revision case and if he is not able to appear before the Trial Court on any day, due to unavoidable circumstances, he shall make arrangements to file an application under Section 317 of Cr.PC. and shall appear before the Trial Court on any other day in lieu of his absence, as directed by the Trial Court. Such an application

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https://hcservices.ecourts.gov.in/hcservices/ shall not be entertained often.

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f) On the failure of the Petitioner/Accused, depositing the
said amount, it is open to the Trial Court to commit the
Petitioner/ Accused into custody for undergoing the
sentence.
-sd/-
20/02/2020
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 DISTRICT MUNSIF CUM
JUDICIAL MAGISTRATE, KODUMUDI
2 THE CHIEF JUDICIAL MAGISTRATE
ERODE(FOR INFORMATION)
3 THE PRINCIPAL SESSIONS JUDGE,
ERODE.
C.C. to M/S.T.K.S.GANDHI Advocate on payment of necessary
charges Sr.3372
Order
in
CRL MP.2210/2020
IN CRL.R.C.No.296 OF 2020
Date :20/02/2020
From 7.2.2001 the Registry is issuing certified
copies of the BAIL/Anti.BAIL Orders in this format
RVR 25/02/2020

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https://hcservices.ecourts.gov.in/hcservices/

K.Karthikeyan v. N.Muthukumar

Case brief

What is this about?

What did the court decide?

K.Karthikeyan v. N.Muthukumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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