Conviction under Section 138 of the Negotiable Instruments Act, confirmed in appeal, challenged in revision. The court suspended the substantive sentence pending revision, subject to depositing 50% of the cheque amount and executing a bond with two sureties.
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.8866 of 2024 in Crl.R.C.No.1048 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.M.P.No.8866 of 2024
in Crl.R.C.No.1048 of 2024
M.Balasubramaniam Petitioner
Vs.
N.K.Natarajan ... Respondent
PRAYER : Criminal Miscellaneous Petition filed under Section 397(1) of Criminal Procedure Code, to suspend the sentence passed by the learned Judicial Magistrate, Fast Track Court @ Magisterial Level I, Coimbatore, on 05.02.2018 in C.C.No.337 of 2012 as confirmed by the IV Additional District and Sessions Judge, Coimbatore, in C.A.No.88 of 2018 by judgment dated 31.08.2023 and enlarge the petitioner on bail, pending disposal of the criminal revision petition.
For Petitioner : Mr.S.S.Swaminathan
Page 1 of 6
Crl.M.P.No.8866 of 2024 in Crl.R.C.No.1048 of 2024
O R D E R
The Criminal Miscellaneous Petition has been filed to suspend the conviction and sentence imposed on the petitioner vide judgment dated 31.08.2023 passed in C.A.No.88 of 2018 by the learned IV Additional District and Sessions Judge, Coimbatore, confirming the judgment dated 05.02.2018 passed in C.C.No.337 of 2012 by the learned Judicial Magistrate, Fast Track Court @ Magisterial Level I, Coimbatore, pending disposal of the criminal revision case and enlarge the petitioner on bail.
of the Negotiable Instrument Act and sentenced to undergo simple imprisonment for the period of six months and to pay the compensation of Rs.3,85,000/- within a period of two months from the date of judgment, failing which, to undergo simple imprisonment for the period of two months, vide judgment dated 05.02.2018 passed in C.C.No.337 of 2012 , against
_________ Page 2 of 6
Crl.M.P.No.8866 of 2024 in Crl.R.C.No.1048 of 2024
which, appeal was filed in C.A.No.88 of 2018 before the learned IV Additional District and Sessions Judge, Coimbatore, and the same was dismissed. Aggrieved by the same, the revision petition has been filed along with the present petition to suspend the sentence.
in the revision and further, the revision is not likely to be taken up for final hearing in the near future, I am of the considered opinion that the petitioner is entitled for the relief of suspension of sentence.
_________ Page 3 of 6
Crl.M.P.No.8866 of 2024 in Crl.R.C.No.1048 of 2024
against the petitioner is hereby suspended on the following conditions:
(a) the petitioner shall deposit 50% of the
cheque amount to the credit of C.C.No.337 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court @ Magisterial Level I, Coimbatore, within a period of four weeks from the date of receipt of a copy of this order.
(b) the petitioner shall execute a bond for a
sum of Rs.10,000/- (Rupees Ten Thousand only) to the satisfaction of the learned Judicial Magistrate, Fast Track Court @ Magisterial Level I, Coimbatore, along with two sureties for a like sum;
(c) the Petitioner shall report before the Court
below on the first working day of every month at 10.30 AM, until further orders.
_________ Page 4 of 6
Crl.M.P.No.8866 of 2024 in Crl.R.C.No.1048 of 2024
21.06.2024 (2/2)
NCC : Yes / No Index : Yes / No Speaking Order : Yes / No
ssb
Note: Issue order copy by 24.06.2024
To
1. The learned Judicial Magistrate, Fast Track Court @ Magisterial Level I, Coimbatore.
2. The learned IV Additional District and Sessions Judge, Coimbatore.
3. The Public Prosecutor, Madras High Court, Madras.
Page 5 of 6
Crl.M.P.No.8866 of 2024 in Crl.R.C.No.1048 of 2024
M.DHANDAPANI, J.
ssb
Crl.M.P.No.8866 of 2024 in Crl.R.C.No.1048 of 2024
21.06.2024 (2/2)
_________ Page 6 of 6
1 issue framed by the court
Should the petitioner's sentence under Section 138 NI Act be suspended pending disposal of the criminal revision petition?
2 provisions across 2 enactments
M.Balasubramaniam
N.K.Natarajan
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
