Madras High Court
G.Saravanan vs R.Murugesan on 21 September, 2023
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.09.2023
CORAM:
THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.M.P.No.13409 of 2023
inCrl.R.C.No.1183 of 2017
G.Saravanan ... Petitioner
Vs.
R.Murugesan ... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 389 of
Cr.P.C., to suspend the sentence imposed on 30.03.2016 in C.C.No.5 of
2007 on the file of the learned Judicial Magistrate, Palacode and confirmed
in C.A.No.6 of 2016, dated 25.04.2017 by the learned Principal District
Judge, Dharmapuri.
For Petitioner : Mr.S.Ayyathurai
for Mr.K.V.Dhanapalan
For Respondent : Mr.D.Gopal
1/8
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the
sentence imposed on 30.03.2016 in C.C.No.5 of 2007 on the file of the
learned Judicial Magistrate, Palacode and confirmed in C.A.No.6 of 2016,
dated 25.04.2017 by the Principal District Judge, Dharmapuri. The
Petitioner/Accused has been convicted and sentenced by the trial Court as
follows:
Provision under which Sentence
convicted
Section 138 of Negotiable The Accused is convicted and
Instruments Act sentenced to undergo Simple
Imprisonment for the period of
one year and to pay a
compensation amount of
Rs.7,00,000/- (Rupees Seven
Lakhs only) to the Respondent
within a period of one month from
the date of judgment.
Aggrieved by the judgment of conviction recorded by the learned
Judicial Magistrate, Palacode in C.C.No.5 of 2007 dated 30.03.2016, the
Accused before the learned Judicial Magistrate, Palacode, preferred
Crl.A.No.6 of 2016 on the file of the learned Principal District and Sessions
Judge, Dharmapuri. The learned Principal District and Sessions Judge,
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
Dharmapuri, had dismissed the Crl.A.No.6 of 2016 by judgment dated
25.04.2017 thereby confirmed the conviction recorded by the learned
Judicial Magistrate, Palacode in C.C.No.5 of 2007, dated 30.03.2016.
Aggrieved by the judgment of the learned Principal District and Sessions
Judge, Dharmapuri, the Accused before the learned Judicial Magistrate,
Palacode in C.C.No.5 of 2007 had preferred this Criminal Revision Case.
2.At the time of admission of the Criminal Revision Case No.1183 of
2017, the Revision Petitioner had filed Crl.M.P.No.11328 of 2017 seeking
suspension of sentence imposed on the Revision Petitioner by the learned
Judicial Magistrate, Palacode and confirmed by the learned Principal
District Judge, Dharmapuri. At that time, suspension of sentence was
ordered and bail was granted on condition that the Accused as Revision
Petitioner to deposit Rs.1,00,000/- (Rupees One Lakh only) within a period
of one month from the date of receipt of copy of the order. He shall deposit
the amount before the Court of the learned Judicial Magistrate, Palacode in
C.C.No.5 of 2007 and he has to execute a bond for Rs.10,000/- with two
sureties each for a like sum to the satisfaction of the learned Judicial
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
Magistrate, Palacode. As per the order passed in Crl.M.P.No.11328 of
2017, the Revision Petitioner had executed bond before the learned Judicial
Magistrate, Palacode but had not deposited the amount as per the order of
this Court.
3.When the Criminal Revision Case came up for hearing before the
Bench, the then Presiding Judge of this Court had verified the records and
sought remarks from the learned Judicial Magistrate, Palacode. Based on
the remarks offered by the learned Judicial Magistrate, Palacode, it was
pointed out that the Petitioner had not deposited the amount as per the order
passed by this Court in Crl.M.P.No.11328 of 2017, dated 05.10.2017.
Therefore, the then Presiding Judge of this Court had directed the learned
Judicial Magistrate to issue warrant in continuation of the judgment of
conviction recorded in C.C.No.5 of 2007, dated 30.03.2016 and detain the
Accused in Prison.
4.The learned Judicial Magistrate, Palacode, had sent report
requesting time for compliance stating that the Accused was not found in
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
the address stated in the complaint and it was adjourned from time to time.
Finally, the Accused was secured on 08.03.2023. Now the Accused is in
Prison. Therefore, Crl.M.P.No.13409 of 2023 is filed by the Accused in
C.C.No.5 of 2007 on the file of the learned Judicial Magistrate, Palacode, as
Petitioner in Criminal Revision Case No.1183 of 2017 seeking suspension
of sentence imposed on him on the ground that during his detention in
Prison, his mother expired and he has to perform the last rites for his
mother. On the date of death of his mother, the Prison authorities had
granted him parole. Now, in continuation of the same, he has to perform
15th day ceremony. On appreciation of the conditions of the Revision
Petitioner, now the relatives have come forward to help him for depositing
the amount imposed on him at the time of admission of this Criminal
Revision Case and suspension of sentence in Crl.M.P.No.11328 of 2017.
5.The learned Counsel for the Respondent, who is present in Court,
vehemently opposed to grant bail to the Petitioner.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
6.Considering the special circumstances arising out of the death of
the mother of the Revision Petitioner and he has to perform the last rites of
his beloved mother, also the submission of the learned Counsel for the
Revision Petitioner/Accused that his relatives have come forward to deposit
the amount within fifteen days, this Court is inclined to grant bail to the
Revision Petition even though the learned Counsel for the Respondent
vehemently objected to grant bail.
7. Accordingly pending disposal of the Revision, the substantive
sentence of imprisonment imposed on the Petitioner, by the learned Judicial
Magistrate, Palacode, in C.C.No.5 of 2007, dated 30.03.2016 alone is
suspended and the Petitioner is directed to be enlarged on bail on condition
that the Petitioner shall execute a bond for Rs.10,000/- (Rupees Ten
Thousand only) with two sureties, each for a like sum to the satisfaction of
the learned Judicial Magistrate, Palacode and that after completion of the
ceremonies, the Petitioner shall appear before the said learned Magistrate on
the first working day of every English Calendar month by 10.30 a.m., and
on further condition that the Petitioner/Accused is directed to deposit a sum
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
of Rs.1,00,000/- (Rupees One Lakh only) to the credit of C.C.No.5 of 2007
on the file of the learned Judicial Magistrate, Palacode, within fifteen days
from the date of receipt of a copy of this order or from the date of uploading
of this order on the website of this Court. On such deposit, the
Respondent/Complainant shall withdraw the amount by filing appropriate
petition before the learned Judicial Magistrate, Palacode.
If there is violation of condition, the Respondent/Complainant shall
report the violation before this Court. The Revision Petition itself will be
dismissed, on such violation, by issuing direction to the learned Judicial
Magistrate, Palacode.
21.09.2023
(2/2)
srm
Note: Issue order copy on 21.09.2023
To
1.The Principal District and Sessions Judge,
Dharmapuri.
2.The Judicial Magistrate,
Palacode.
https://www.mhc.tn.gov.in/judis
Crl.M.P.No.13409 of 2023 in Crl.R.C.No.1183 of 2017
SATHI KUMAR SUKUMARA KURUP,J.
srm
Crl.M.P.No.13409 of 2023
in Crl.R.C.No.1183 of 2017
21.09.2023
https://www.mhc.tn.gov.in/judis
