The High Court suspended the substantive sentence of six months imprisonment imposed on the petitioner for cheque dishonour, allowing him to surrender within two weeks for bail while his revision petition is pending.
Substantive sentence of six months' imprisonment suspended; petitioner to surrender within two weeks for 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.4328 of 2023 in Crl.R.C.No.578 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.4328 of 2023 in Crl.R.C.No.578 of 2023
Vinoth Kumar
... Petitioner
Vs.
Slvamangala Finance, Rep.by its Manager and Partner, A.Mahadevan, D.No.1-A MTC Building, Samuel Street, Ranipettai, Athur Town and Taluk, Salem District. ...Respondent
Prayer: Criminal Miscellaneous Petition filed under Section 389(1) of Criminal Procedure Code to suspend the sentence passed by the learned Judicial Magistrate, Fast Track Magistrate, Athur in S.T.C.No.12 of 2021 which was confirmed by the judgment in C.A.No.80 of 2021 dated 28.09.2022 by the learned I Additional District and Sessions Judge, Salem pending disposal of the above revision petition.
For Petitioner : Mr.N.Velmurugan
ORDER
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Crl.M.P.No.4328 of 2023 in Crl.R.C.No.578 of 2023
This petition has been filed to suspend the sentence imposed on the petitioner by the Trial Court in S.T.C.No.12 of 2021, vide judgement dated 02.11.2021, which was confirmed by the first appellate Court in Crl.A.No.80/2021, vide judgment dated 28.09.2022, pending disposal of the Criminal Revision Petition.
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Crl.M.P.No.4328 of 2023 in Crl.R.C.No.578 of 2023
Court and the first Appellate Court, the petitioner is before this Court.
arguable points in this Criminal Revision Petition and hence, prayed for suspension of sentence.
perused the impugned judgments and the materials on record.
learned 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
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Crl.M.P.No.4328 of 2023 in Crl.R.C.No.578 of 2023
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 Judicial Magistrate, Fast
Track Magistrate, Athur, Salem.
(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 required.
28.03.2023 2/2
Index:Yes/No Internet:Yes/No rpl
To
1.The I Additional District and Sessions Judge, Salem.
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Crl.M.P.No.4328 of 2023 in Crl.R.C.No.578 of 2023
V.SIVAGNANAM, J.
rpl
Crl.M.P.No.4328 of 2023 in Crl.R.C.No.578 of 2023
28.03.2023
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2 issues framed by the court
Whether to suspend the substantive sentence of imprisonment pending disposal of the criminal revision petition.
Whether the petitioner has substantial grounds in the revision to justify suspension of sentence.
3 provisions across 2 enactments
Vinoth Kumar
Slvamangala Finance
V.SIVAGNANAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
