Partly allowed

M/S.Nivi Knit Fashions Repby Its v. Rajkumar

Madras HC12 Oct 2021CRL MP/10682/2021

Case brief

AI extract

What is this about?

High Court of Madras suspended sentences imposed on petitioners for cheque bounce offences pending disposal of criminal revisions, imposing standard bail conditions including bond execution and monthly reporting.

What did the court decide?

Suspension of sentence ordered pending disposal of revisions subject to execution of bond with sureties and compliance with specific conditions.

M/S.Nivi Knit Fashions Repby Its Vs Rajkumar — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 12.10.2021

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CORAM:

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THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP

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Crl.M.P.Nos.10682, 10684 & 10686 of 2021

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Crl.R.C.Nos.654, 653 & 655 of 2021

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1.M/s.Nivi Knit Fashions,

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Rep. By its Proprietor, Mr.S.Mohanraj

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2.S.Mohanraj ... Petitioner/Appellant/Accused

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in the above Crl.M.Ps.

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Vs.

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1.Rajkumar 2.P.Natarajan ... Respondent/Respondent/Complainant in the above Crl.M.Ps.

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COMMON PRAYER: Criminal Miscellaneous petition has been filed under Section 389 (2) & 439 of Cr.P.C., praying to suspend the sentence imposed on the petitioner in C.A. Nos.28 of 2018, 27 of 2018 & 26 of 2018 on the file of the Learned III Additional District and Sessions Court, Tiruppur at Dharapuram dated 06.10.2021 confirming the judgement and sentence imposed in C.C. No.216 of 2005, 218 of 2005 & 219 of 2005 dated 21.02.2018, on the file of the learned Judicial Magistrate Court No.1, Udumalpet, pending disposal of the above revision.

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For Petitioner : Mr.B.Nambiselvan

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These Criminal Miscellaneous Petitions have been filed seeking suspension of sentence imposed against the petitioner in C.A. Nos.28 of 2018, 27 of 2018 & 26 of 2018 on the file of the Learned III Additional District and Sessions Court, Tiruppur at Dharapuram dated 06.10.2021 confirming the judgement and sentence imposed in C.C. No.216 of 2005, 218 of 2005 & 219 of 2005 dated 21.02.2018, on the file of the learned Judicial Magistrate Court No.1, Udumalpet, pending disposal of these Criminal Revision Cases and release the accused/petitioners on bail. The petitioners/accused have been https://hcservices.ecourts.gov.in/hcservices/ convicted and sentenced by the trial Court as follows:

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Provision un which convicted	der	Case Nos.	Sentence
Section 138 Negotiable	of	R.C. No.653 of 2021	Convicted and sentenced undergo Simple Imprisonment	to for
Instrument Act			two years under Section 25 of Cr.P.C and to pay the do amount of the cheque Rs.10,00,000/- tow compensation to the complai under Section 357(3) of Cr.P.	5(2) uble for ards nant C.
Section 138 Negotiable Instrument Act	of	R.C. No.654 of 2021	Convicted and sentenced undergo Simple Imprisonment two years under Section 25 of Cr.P.C and to pay the do amount of the cheque Rs.8,49,218/- tow compensation to the complai under Section 357(3) of Cr.P.	to for 5(2) uble for ards nant C.
Section 138	of	R.C. No.655	Convicted and sentenced	to
Negotiable Instrument Act		of 2021	undergo Simple Imprisonment two years under Section 25 of Cr.P.C and to pay the do amount of the cheque Rs.6,51,682/- tow compensation to the complai under Section 357(3) of Cr.P.	for 5(2) uble for ards nant C.

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2.Heard the learned Counsel for the petitioners.

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3.Now, since these revisions have been filed, the substantive sentence of imprisonment imposed by the learned trial Judge is suspended with the following conditions:

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(a) The petitioners shall execute a bond for 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 learned Judicial Magistrate Court No.1, Udumalpet within fifteen days from the date of receipt of a copy of this order;

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(b) While executing the bond, the sureties shall furnish proof of identity and the sureties shall affix their photographs and left thumb impression in the surety bond. The learned Judicial Magistrate shall obtain a copy of their Aadhar card or Voter Identity Card or Driving license or PAN Card or Bank Pass Book with photo affixed and attested by Bank Manager, to ensure their identity to the satisfaction of the learned Judicial Magistrate Court No.1, Udumalpet.

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(c) On release on bail the petitioners shall not influence, https://hcservices.ecourts.gov.in/hcservices/ threaten or coerce the witnesses either during trial;

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(d) the petitioners shall not abscond during trial;

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(e) the petitioners shall appear on the first working day of every month before the learned Judicial Magistrate Court No.1, Udumalpet till the disposal of this Criminal Revisions by this Court;

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(f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/ Trial Court is entitled to take appropriate action against the Petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Judicial Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]. The learned Judicial Magistrate shall report the matter to the High Court for dismissal of the Criminal Revisions and the petitioners shall face the criminal revision from the prison.

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-sd/-

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12/10/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE III ADDITIONAL DISTRICT AND SESSIONS COURT, TIRUPPUR, DHARAPURAM.

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2 THE JUDICIAL MAGISTRATE NO.I, UDUMALPET. (TO SUBMIT YOUR REPORT)

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3 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION]

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

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COPY TO

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THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT,MADRAS.

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+3C.C. to MR.B.NAMBISELVAN Advocate on payment of necessary charges SR.NO.11466,11458 & 11459

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Order

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Crl.M.P.Nos.10682,10684 & 10686/2021

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Crl.R.C.Nos.654, 653 & 655/2021

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Date :12/10/2021

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From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format

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CSK 18/10/2021

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

M/S.Nivi Knit Fashions Repby Its v. Rajkumar

Case brief

What is this about?

What did the court decide?

M/S.Nivi Knit Fashions Repby Its v. Rajkumar

Case brief

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