P.Ramamoorthy vs T.Nagaraj
2024 Latest Caselaw 8268 Mad

Citation : 2024 Latest Caselaw 8268 Mad
Judgement Date : 3 June, 2024

Madras High Court

P.Ramamoorthy vs T.Nagaraj on 3 June, 2024

Author: M.Dhandapani

Bench: M.Dhandapani

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 03.06.2024

                                                             CORAM:

                                       THE HON'BLE MR.JUSTICE M.DHANDAPANI

                                                   Crl.M.P.No.7362 of 2024
                                                   in Crl.RC.No.804 of 2024

                     P.Ramamoorthy                                                          ...Petitioner
                                                              Vs.

                     1.T.Nagaraj

                     2.The State Represented by
                       The Public Prosecutor,
                       The Nilgiris District.                                           ...Respondents

                                       Criminal Miscellaneous Petition filed under Section 389 (1) of
                     Criminal Procedure Code praying to suspend the sentence of imprisonment
                     imposed in the judgment dated 26.07.2023 passed in Crl.A.No.63 of 2019
                     by the learned Sessions Judge, Magalir Neethimandram (FTMC) at
                     Udhagamandalam, The Nilgiris, confirming the judgment dated 11.07.2019
                     passed       in    S.T.C.No.471    of    2017    by   the   Judicial   Magistrate,
                     Udhagamandalam, pending disposal of the criminal revision case and
                     enlarge the petitioner on bail.




                     1/6




https://www.mhc.tn.gov.in/judis
                                        For Petitioner     : Mr.D.J.Adinarayanan

                                        For R2             : Mr.A.Gopinath
                                                             Government Advocate (Crl.side)

                                                            ORDER

This Criminal Miscellaneous Petition has been filed to suspend the

sentence of imprisonment imposed on the petitioner vide judgment dated

26.07.2023 passed in Crl.A.No.63 of 2019 by the learned Sessions Judge,

Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris,

confirming the judgment dated 11.07.2019 passed in S.T.C.No.471 of 2017

by the learned Judicial Magistrate, Udhagamandalam, pending disposal of

the criminal revision case and enlarge the petitioner on bail.

2. The revision petitioner was convicted for the offence under Section

138 of the Negotiable Instrument Act and sentenced to undergo simple

imprisonment for a period of six months and to pay a fine of Rs.3,00,000/-

vide judgment in STC.No.471 of 2017 dated 11.07.2019, against which,

appeal was filed in Crl.A.No.63 of 2019 before the learned Sessions Judge,

https://www.mhc.tn.gov.in/judis Magalir Neethimandram (FTMC), Udhagamandalam, The Nilgiris,

and the same was dismissed. Aggrieved by the same, the revision petition

has been filed along with the present petition to suspend the sentence.

3. The learned counsel for the revision petitioner submitted that there

are lot of material contradictions in the evidence of the prosecution and the

prosecution evidence is also highly unbelievable. It is further submitted that

apprehending arrest the present petition for suspension of sentence is filed

and the petitioner is not in jail.

4. Having regard to the fact that there are arguable points involved 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 revision

petitioner is entitled for the relief of suspension of sentence.

5. Accordingly, the substantive sentence of imprisonment alone is

suspended on condition that the revision petitioner shall deposit a sum of

Rs.1,50,000/-(Rupees One Lakh Fifty thousand only) to the credit of the

https://www.mhc.tn.gov.in/judis STC No.471 of 2017 on the file of the learned Judicial Magistrate,

Udhagamandalam within a period of two weeks from the date of receipt of a

copy of this order.

6. This Criminal Miscellaneous Petition is ordered accordingly.




                                                                                            03.06.2024
                                                                                                  (2/2)
                     ssb

                     Note: Issue order copy on 03.06.2024

                     Index                    : Yes/No
                     Speaking Order           : Yes/No
                     NCC                      : Yes/No









https://www.mhc.tn.gov.in/judis
                     To

1.The Sessions Judge, Magalir Neethimandram, (FTMC), Udhagamandalam, The Nilgiris.

2. The Judicial Magistrate , Udhagamandalam.

3.The Public Prosecutor, High Court of Madras, Chennai – 600 104.

https://www.mhc.tn.gov.in/judis M.DHANDAPANI, J.

ssb

03.06.2024 (2/2)

https://www.mhc.tn.gov.in/judis