Partly allowed

Murugavel v. M/S. A.K.R. Export and Import, Rep.by

Madras HC13 Dec 2021CRL MP/12767/2021

Case brief

AI extract

What is this about?

In this Criminal Miscellaneous Petition, the Madras High Court granted suspension of imprisonment and bail to an accused convicted under Section 138 of the Negotiable Instruments Act, pending the disposal of a criminal revision case. The court imposed conditions including depositing 50% of the cheque amount and complying with bail bond requirements.

What did the court decide?

Suspension of sentence and bail granted pending disposal of criminal revision, subject to deposit of 50% cheque amount and execution of bond with sureties.

Murugavel Vs M/S. A.K.R. Export and Import, Rep.by — Cheque Dishonour | Madras HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

( Criminal Jurisdiction )

¶3

Monday, the Thirteenth day of December Two Thousand Twenty One

¶4

PRESENT

¶5

The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA

¶6

CRIMINAL MISCELLANEOUS PETITION No.12767 of 2021

¶7

in CRL.RC.NO.934 OF 2021

¶8

MURUGAVEL [ PETITIONER ]

¶9

¶10

M/S. A.K.R. EXPORT AND IMPORT, [ RESPONDENT ] REP.BY, K.RAVICHANDRAN

¶11

Petition praying that in the circumstances stated therein and in the Memorandum of Grounds in Criminal Revision Case No.934 OF 2021 on the file of the High Court, the High Court will be pleased to suspend the sentence imposed on the petitioner-by the learned Judicial Magistrate No.2 Gobichettipalayam dated 22.11.2019 in C.C.No.21 of 2017 and confirmed by the learned III Additional District and Sessions Judge of Erode at Gobichettipalayam on 15.12.2020 in Crl.A.No.02 of 2020 and enlarge the petitioner on bail pending disposal of the above Crl.RC.NO.934 OF 2021.

¶12

Order : This petition coming on for orders upon perusing the petition and the Memorandum of Grounds in Crl.Revision Case No.934 OF 2021 on the file of the High Court and upon hearing the arguments of M/S. V.NICHOLAS, Advocate for the petitioner the court made the following order:-

¶13

This Criminal Miscellaneous Petition has been filed by the petitioner/accused, seeking suspension of sentence of imprisonment imposed by the order dated 22.11.2019 in C.C.No.21 of 2017 passed by the learned Judicial Magistrate No.2, Gobichettipalayam and confirmed by judgment dated 15.12.2020 in Crl.A.No.02 of 2020 by the learned III Additional District and Sessions Judge, Erode, Gobichettipalayam.

¶14

This Court heard the learned counsel for the petitioner and also perused the materials placed on record.

¶15

In and by both the impugned judgments, for non-payment of the cheque amount in question, viz., Rs.4,25,000/- the petitioner/accused was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, to undergo one year Simple Imprisonment

¶16

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

¶17

and to pay a sum of Rs.4,25,000/- as compensation to the respondent/complainant. The petitioner had filed appeal in Crl.A.No.02/2020 before the learned III Additional District and Sessions Judge,Erode,Gobichettipalayam and the Appellate Court by order dated 15.12.2020,had dismissed the appeal and confirmed the conviction and sentence,against which,the present revision has been filed.

¶18

According to the learned counsel for the petitioner/accused, there are arguable points available in the Criminal Revision Case, which is not likely to be taken for final hearing in the near future and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the Petitioner/Accused may be suspended and the Petitioner may be enlarged on bail.

¶19

Considering the facts and circumstances of the case and also considering 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 on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:

¶20

(a) The petitioner/Accused shall deposit 50% of the cheque amount (Rs.4,25,000/-), namely, Rs.2,12,500/- (Rupees Two Lakhs Twelve Thousand Five Hundred Only) before the Trial Court, within two weeks from the date of receipt of a copy of this order and on such deposit being made, the Trial Court shall redeposit the said amount in a fixed deposit account in any nationalized bank, so that the amount accrues interest. The disbursal of this amount shall be decided at the culminnation of the Criminal Revision Case. 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 Judicial Magistrate No.2, Gobichettipalayam.

¶21

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

¶22

(c) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court.

¶23

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

¶24

(d) 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.

¶25

This Criminal Miscellaneous Petition stands ordered accordingly.

¶26

Notice to the respondent returnable by two weeks.

¶27

Post the matter after three weeks for reporting compliance.

¶28

-sd/-

¶29

13/12/2021

¶30

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

¶31

TRUE COPY

¶32

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

¶33

¶34

1 THE JUDICIAL MAGISTRATE, NO.II, GOBICHETTIPALAYAM

¶35

2 THE CHIEF JUDICIAL MAGISTRATE ERODE(FOR INFORMATION)

¶36

3 III ADDITIONAL DISTRICT AND SESSIONS JUDGE OF ERODE AT GOBICHETTIPALAYAM

¶37

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

¶38

C.C. to M/S. V.NICHOLAS Advocate on payment of necessary charges

¶39

Order

¶40

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

¶41

RVR 13/12/2021

¶42

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

Murugavel v. M/S. A.K.R. Export and Import, Rep.by

Case brief

What is this about?

What did the court decide?

Murugavel v. M/S. A.K.R. Export and Import, Rep.by

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

T.a.Mohammed Bilal Vs K.a.Noorli Shifa

Dheeba Vs M/S.Kovai Maruthi Paper and Boards (P) Ltd.

M/S. Sree Deepalakshmi Packaging Industries Vs M/S. Kovai Maruthi Paper and Boards (P) Ltd.

Sekar Vs Sivabalu

Prabhu Original Name P.Venkatachalam Vs the State of Tamil Nadu Rep.by

Arun Vs State Rep by