Conviction under Section 138 NI Act with six months simple imprisonment and Rs.21,00,000 fine was under challenge in revision. The High Court suspended the sentence subject to deposit of 50% of the cheque amount within two weeks, execution of a bail bond with two sureties, and monthly appearances before the Magistrate.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
Crl.M.P.No.8897 and 8899 of 2024 in Crl.RC.No.1050 of 2024
T.Vasu ...Petitioner
Vs.
T.M.Veera Sekaran ...Respondent
Crl.MP.No.8897 of 2024: Criminal Miscellaneous Petition filed under Section 397(1) of Criminal Procedure Code praying to suspend the sentence in C.A.No.65 of 2021 dated 17.08.2023 on the file of the IV Additional District & Sessions Judge, Tiruvallur at Ponneri confirming the judgment passed by the Judicial Magistrate, Tiruvottiyur in STC. No.2391 of 2016 dated 30.04.2021 and enlarge the petitioner on bail.
Crl.MP.No.8899 of 2024: Criminal Miscellaneous Petition filed under Section 482 of Criminal Procedure Code praying to exemption of surrendering to the petitioner/accused in order of dismissal passed in C.A.No.65 of 2021 dated 17.08.2023 on the file of the IV Additional District & Sessions Judge, Tiruvallur at Ponneri confirming the judgment passed by the Judicial Magistrate, Tiruvottiyur in STC. No.2391 of 2016 dated 30.04.2021.
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For Petitioner : Mr.J.Kather Hussain
O R D E R
The petitioner has filed the Criminal Miscellaneous petition to suspend the sentence in C.A.No.65 of 2021 dated 17.08.2023 on the file of the IV Additional District & Sessions Judge, Tiruvallur at Ponneri confirming the judgment passed by the Judicial Magistrate, Tiruvottiyur in STC. No.2391 of 2016 dated 30.04.2021 and enlarge the petitioner on bail.
material contradictions in the evidence of the respondent and the same is highly unbelievable. It is further submitted that apprehending arrest, the
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present petition for suspension of sentence is filed and the petitioner is not in jail. However, the petitioner is ready to pay 50% of the cheque amount in the credit of the case before the lower Court.
in the revision and further, the petitioner has come forward to pay 50% of the fine amount, I am of the considered opinion that the revision petitioner is entitled for the relief of suspension of sentence.
50% of the cheque amount in STC.No.2391 of 2016 on the
file of the learned Judicial Magistrate, Tiruvottiyur within
a period of two weeks from the date of receipt of copy of this order.
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(b) The petitioner shall execute a bail bond
for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvottiyur. This bail bond shall be entertained only after the deposit of the money specified in clause (a).
(c) The petitioner shall appear before the
learned Judicial Magistrate, Thiruvottiyur on the first working day of the every English Calendar Month at 10.30 am, until further orders; and
(d) If the petitioner fails to deposit the
amount and execute the bail bond as stipulated in Clause (a) and (b), the order of interim suspension of sentence
shall stand cancelled automatically without reference to this Court and the learned Magistrate, shall immediately
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issue non-bailable warrant and secure the petitioner to
serve the sentence imposed against the petitioner.''
Court is inclined to dismiss the petition in Crl.MP.No.8899 of 2024 and
the same is dismissed.
24.06.2024 (2/2)
Note: Issue order copy on 25.06.2024
Index : Yes/No Speaking Order : Yes/No NCC : Yes/No To
M.DHANDAPANI, J.
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rli
Crl.M.P.No.8897 and 8899 of 2024 in Crl.RC.No.1050 of 2024
24.06.2024
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1 issue framed by the court
Whether the sentence imposed on conviction under Section 138 NI Act should be suspended pending revision.
3 provisions across 2 enactments
T.Vasu
T.M.Veera Sekaran
M.Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
