M.Chandrasekar v. M.Chidamparam

ORDER This Criminal Miscellaneous Petition has been filed seeking orders to suspend the sentence and the compensation imposed on the petitioner/sole accused by the learned Fast Track Court at Magisterial Level, Karur, in C.C.No.299 of 2016, dated

16.02.2021, which was confirmed by the learned District Judge, Karur, in Crl.A.No.07 of 2021, dated 27.10.2021.

¶2The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.6,00,000/- from the respondent on 17.09.2015 and issued a post-dated cheque dated 17.10.2015 for the said amount, that when the respondent has presented the cheque for collection, the same was returned with reason "Insufficient Funds", that the respondent has then sent a legal notice dated 29.10.2015 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner, that the petitioner, after receiving the notice, has neither sent any reply nor paid any amount and that therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act against the petitioner.

¶3It is seen from the records that the petitioner has been convicted by the trial Court for the alleged offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo Simple Imprisonment for a period of one year and also directed to pay a compensation of Rs.6,00,000/- (Rupees Six Lakhs only) under Section 357(3) of Cr.P.C., in default, to undergo Simple Imprisonment for a period of three months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.07 of 2021 on the file of the District Court, Karur. The learned District Judge confirmed the conviction and sentence and dismissed the appeal. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case along with the above miscellaneous petition seeking suspension of sentence.

¶4The learned counsel appearing for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses. He would further submit that the petitioner is ready to deposit some portion of the amount before the trial Court.

¶5This Court has carefully considered the contentions put forward by the learned counsel appearing for the petitioner and also perused the materials available on record.

¶6The learned counsel appearing for the petitioner pointed out that certain infirmities and inconsistencies in this case and also certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further the criminal revision is not likely to be taken up for final hearing in the near future and as such, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

¶7In the result, this Criminal Miscellaneous Petition is ordered. Accordingly, the relief of suspension of sentence is granted to the petitioner on the following conditions:-

(i) The petitioner shall deposit 75% of the compensation amount on or before

06.03.2025 to the credit of C.C.No.299 of 2016 on the file of the Fast Track Court at Magisterial Level, Karur, failing which the sentence suspended shall automatically dismissed and the concerned jurisdictional police is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

(ii) On such deposit, the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the Fast Track Court at Magisterial Level, Karur;

(iii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iv) The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders and if he is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 of Cr.P.C and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

¶8Post the matter on 07.03.2025 'for reporting compliance'. sd/- 06/02/2025 / TRUE COPY /

/02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. CSM TO 1 THE DISTRICT JUDGE, KARUR. 2 THE JUDGE, FAST TRACK COURT AT MAGISTERIAL LEVEL, KARUR. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT. +1 CC to M/s.V.SUKUMAR, Advocate ( SR-1420[I] dated 06/02/2025 ) ORDER IN in CRL RC(MD) NO.1398 of 2024 Date :06/02/2025 RS/IT/SAR-(17.02.2025) 5P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06-02-2025 CORAM THE HONOURABLE MR JUSTICE K.MURALI SHANKAR in CRL RC(MD) NO.1398 of 2024 M.Chandrasekar Petitioner Vs M.Chidamparam Respondent For Petitioner : Mr.V.Sukumar, Advocate For Respondent : Mr.S.Manojkumar, Advocate