Subhashini v. Raja
Case brief
What is this about?
This single judge order granted a Criminal Miscellaneous Petition under Section 389 Cr.P.C to suspend imprisonment for cheque dishonor. The petitioner deposited the compensation amount, leading the court to suspend the sentence and order surrender on bail with sureties.
What did the court decide?
Suspended substantive sentence; ordered surrender within two weeks and execution of bail bond for Rs.10,000 with two sureties.
What the court decided
Crl.MP No.1098 of 2023 in Crl.R.C..1202 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.MP No.1098 of 2023 in Crl.R.C.No.1202 of 2022
Subhashini
... Petitioner
Vs.
Raja
... Respondent
Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of Cr.P.C to suspend to suspend the sentence imposed in C.C.No.192 of 2018 on the file of the learned Judicial Magistrate No.I, Mettur on 19.03.2021 and confirmed by the judgment in Crl.A.No.34 of 2021 by the Additional District Judge, Fast Track Court, Mettur, dated 25.07.2022 and enlarge the petitioner on bail pending disposal of the above appeal.
Issues for consideration
2 issues framed by the court
Whether the sentence under Section 138 of the Negotiable Instruments Act should be suspended pending appeal given the deposit of the cheque amount.
Whether conditions for surrender on bail and bond execution are appropriate in this case.
Parties & counsel
- petitioner
Subhashini
- respondent
Raja
Coram
V.Sivagnanam
Case details
As recorded by the court registry
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