Allowed

Vinayagam v. Ramasamy

Madras HC3 Jan 2022CRL MP/13841/2021

Case brief

AI extract

What is this about?

The High Court granted suspension of the one-year simple imprisonment sentence and bail to the petitioner accused of cheque dishonour under Section 138 NI Act. The order imposes conditions including depositing 50% of the cheque amount as compensation, executing a bond with sureties, and monthly appearances in court until the revision is disposed of.

What did the court decide?

Suspension of one-year simple imprisonment and grant of bail on conditions including deposit of 50% cheque amount, bonded appearance, and monthly trials.

Vinayagam Vs Ramasamy — Cheque Dishonour | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.01.2022

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CORAM:

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THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.M.P.No.13841 of 2021

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Criminal Revision Case No.1065 of 2021

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Vinayagam

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..Vs..

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Ramasamy ... Respondent

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PRAYER: Criminal Miscellaneous petition filed under Section 397(1) of Cr.P.C to suspend the sentence of one year Simple Imprisonment made under the Judgment dated 29.03.2021 in Crl.A.No.9 of 2020, on the file of Additional District Sessions cum Fast Track Court, Villupuram, confirming the conviction and sentence in the Judgment dated 30.01.2020 made in C.C.No.13 of 2017, on the file of Judicial Magistrate I, Villupuram pending disposal of the above mentioned Revision Petition.

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For Petitioner : M/s.M.Sneha

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O R D E R

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This Criminal Miscellaneous Petition has been filed by the petitioner/accused, seeking suspension of sentence of imprisonment imposed by the order dated 30.01.2020 in C.C.No.13 of 2017 passed by the learned Judicial Magistrate I, Villupuram and confirmed by the judgment dated 29.03.2021 in C.A.No.9 of 2020 on the file of the learned Additional District Sessions cum Fast Track Court, Villupuram and seeking to exempt the petitioner from surrendering before the trial court.

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

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In the trial court judgment, for non-payment of the cheque amount in question, viz., Rs.3,00,000/- the petitioner/accused was convicted and sentenced for the offence under Section 138 of the

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

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Negotiable Instruments Act, to undergo one year Simple Imprisonment and to pay the cheque amount of Rs.3,00,000/- as compensation within two months. The petitioner had filed appeal in C.A.No.9 of 2020 before the Additional District and Sessions Judge, FTC, Villupuram and the Appellate Court by judgment dated 29.03.2021 had dismissed the appeal and confirmed the conviction and sentence, against which, the present revision has been filed.

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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 and the petitioner may be enlarged on bail.

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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:

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(a) The petitioner/Accused shall deposit 50% of the cheque amount (Rs.3,00,000/-), namely, Rs.1,50,000/- (Rupees One Lakh Fifty Thousand 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 I, Villupuram.

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(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.

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(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.

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

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(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.

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This Criminal Miscellaneous Petition stands ordered

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accordingly. Post the matter after four weeks for reporting compliance.

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-sd/03/01/2022

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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. TO

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1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, FAST TRACK COURT, VILLUPURAM.

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2 THE JUDICIAL MAGISTRATE, NO.I, VILLUPURAM.

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3 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT [FOR INFORMATION]

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

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+1 C.C. to M/S.M.SNEHA Advocate on payment of necessary charges SR.NO.34

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Order in CRL MP.13841/2021 in CRL RC.1065/2021

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Date :03/01/2022

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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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RW 03/01/2022

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

Vinayagam v. Ramasamy

Case brief

What is this about?

What did the court decide?

Vinayagam v. Ramasamy

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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