Madras High Court
Subhashini vs Raja on 13 March, 2023
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.
For Petitioner : Mr.J.Prithvi
For Respondent : Mr.S.Rajendrakumar
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Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.MP No.1098 of 2023 in
Crl.R.C..1202 of 2022
ORDER
This petition has been filed to suspend the sentence imposed on
the petitioner by the Trial Court in C.C.No.192 of 2018, vide judgment
dated 19.03.2021 and confirmed by the judgment in Crl.A.No.34 of
2021 by the I Additional District and Sessions Judge, Mettur, dated
25.07.2022, pending disposal of the Criminal Appeal.
2. The petitioner herein is the accused in the above said
C.C.No.192 of 2018. The learned the Judicial Magistrate No.I, Mettur
vide judgment dated 19.03.2021 passed in C.C.No.192 of 2018,
convicted under section 138 of Negotiable Instruments Act and
sentenced the petitioner to undergo simple imprisonment for a period of
one year and directed to pay the cheque amount of Rs.6,00,000/- as
compensation to complainant. The first appellate Court has confirmed
the conviction and sentence of the trial Court in Crl.A.No.34 of 2021 by
a judgment dated 25.07.2022.
https://www.mhc.tn.gov.in/judis
Crl.MP No.1098 of 2023 in
Crl.R.C..1202 of 2022
3. Challenging the conviction and sentence slapped by the Trial
Court and confirmed by the first appellate Court, the petitioner is
before this Court.
4. The learned counsel for the petitioner submitted that as per
the direction of this Court, the petitioner has deposited a sum of
Rs.6,00,000/- to the credit of C.C.No.192 of 2018 on the file of the
Judicial Magistrate No.I, Mettur. The learned Counsel appearing for
the petitioner has also filed a Memo to that effect.
5. Heard the learned counsel for petitioner and the learned
counsel appearing for respondent and perused the impugned judgment
and the materials on record.
6. Considering the submissions of the learned counsel appearing
for the petitioner and that the fact that the petitioner had deposited the
cheque amount to the credit of the case in C.C.No.192 of 2018, I am
inclined to suspend the sentence imposed on the petitioner.
https://www.mhc.tn.gov.in/judis
Crl.MP No.1098 of 2023 in
Crl.R.C..1202 of 2022
7. Accordingly, it is ordered as follows.
(i) The substantive sentence of imprisonment alone is suspended
and the petitioner shall surrender before the concerned 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 her
executing a bond for a sum of Rs.10,000/- (Rupees ten thousand
only) each, with two sureties each for a like sum to the satisfaction
of the learned Judicial Magistrate No.I, Mettur.
(ii) The petitioner and the sureties shall affix their photographs
and Left Thumb Impression in the surety bond and the concerned Court
may obtain a copy of their Aadhar card or Bank pass Book to ensure
their identity.
(iii) The petitioner shall appear before the Trial Court as and
when required.
13.03.2023
vrc
https://www.mhc.tn.gov.in/judis
Crl.MP No.1098 of 2023 in
Crl.R.C..1202 of 2022
To
1. The Judicial Magistrate No.I, Mettur
2. The Public Prosecutor, High Court, Madras.
https://www.mhc.tn.gov.in/judis
Crl.MP No.1098 of 2023 in
Crl.R.C..1202 of 2022
V.SIVAGNANAM, J.
vrc
Crl.MP No.1098 of 2023 in
Crl.R.C.No.1202 of 2022
13.03.2023
https://www.mhc.tn.gov.in/judis
