In a criminal revision petition under S. 397 CrPC, the High Court suspended the petitioner's sentence of five months simple imprisonment for cheating under S. 138 NI Act. The petitioner was ordered to surrender within two weeks and be released on executing a personal bond of Rs. 10,000.
Sentence suspended; petitioner released on bail on own bond of Rs. 10,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 28.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM
Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
C.Rajamannar
... Petitioner
Vs.
Dayanithi ...Respondent
Prayer: Criminal Miscellaneous Petition filed under Section 397(1) of Criminal Procedure Code to suspend the sentence and enlarge the petitioner on bail in connection with the Crl.A.No.14 of 2019 dated 25.08.2022 by the learned III Additional Sessions Judge, Vellore @ Tirupattur in confirming the order in S.T.C.No.103/2017 on the file of the Additional District Munsif cum Judicial Magistrate, Ambur dated 22.01.2019, pending disposal of the Revision petition.
For Petitioner : Mr.T.Arul For Mr.T.Saravanan
ORDER
This petition has been filed to suspend the sentence imposed on the
petitioner by the Trial Court in S.T.C.No.103/2017, vide judgement dated 22.01.2019, which was confirmed by the first appellate Court in Crl.A.No.14
of 2019, vide judgment dated 25.08.2022, pending disposal of the Criminal
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Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
Revision Petition.
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Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
the impugned judgments and the materials on record.
counsel appearing for the petitioner, this Court finds that the petitioner has substantial grounds in this Criminal Revision Petition, which require detailed appraisal. Therefore, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence.
(i) The substantive sentence of imprisonment alone is suspended and
the petitioner shall surrender before the Trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, the petitioner is
ordered to be released on bail on his executing own bond for a sum of Rs.10,000/- (Rupees ten thousand only) to the satisfaction of the learned Additional District Munsif cum Judicial Magistrate, Ambu r .
(ii) The petitioner shall affix his photograph and Left Thumb Impression in the bond and the Trial Court may obtain a copy of her Aadhar card or Bank pass Book to ensure her identity.
(iii) The petitioner shall appear before the Trial Court as and when
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Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
required.
28.03.2023 (1/3)
Index:Yes/No Internet:Yes/No rpl
To
1.The Additional District Munsif cum Judicial Magistrate, Ambur.
Page 4 of 5 https://www.mhc.tn.gov.in/judis
Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
V.SIVAGNANAM, J.
rpl
Crl.M.P.No.4316 of 2023 in Crl.RC No.576 of 2023
28.03.2023 (1/3)
Page 5 of 5 https://www.mhc.tn.gov.in/judis
2 issues framed by the court
Whether the petitioner is entitled to suspension of sentence and release on bail while his revision petition is pending disposal.
Whether there are arguable points in the criminal revision petition warranting suspension of the substantive sentence.
3 provisions across 2 enactments
C.Rajamannar
Dayanithi
V.Sivagnanam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
