V CHANDRA SEKARAN Vs. R NAGARAJAN

JUDGEMENT

(1.) THIS revision is preferred against an order passed by the learned VI additional Judge, City Civil Court, Chennai in Crl. M. P. No. 5841 of 2005 in C. A. No. 232 of 2005 suspending the operation of judgment of the VII Metropolitan Magistrate. George Town, Channai rendered in C. C. No. 2309 of 2002.

(2.) THE petitioner has been convicted by the learned VII Metropolitan Magistrate, george Town, Chennai in C. C. No. 2309 of 2002 to undergo sentence of simple imprisonment for one year. The petitioner herein, aggrieved against the said judgment preferred criminal appeal in C. A. No. 232 of 2005 on the file of the learned VI Additional judge, City Civil Court, Chennai. A petition in Crl. M. P. No. 5841 of 2005 was filed before the said Court, seeking suspension of the operation of the judgment itself passed in C. C. No. 2309 of 2002 on the file of the learned VII Metropolitan Magistrate, George town, Chennai.

(3.) LEARNED VI Additional Judge, City Civil court, Chennai, having adverted to the fact that the petitioner was served with a show cause notice under Rule 17 of the Tamil nadu Civil Services (Disciplinary and Appeal)Rules, calling upon him to explain as to why a penalty of removal from service on the ground that he had been convicted by a criminal Court should not be ordered against him, chose to exercise his discretion under section 389 (1) of the Code of Criminal Procedure suspended the operation of the Judgment as the petitioner was facing a very grave situation on account of the conviction recorded by the trial Court in a case under section 138 of the Negotiable Instruments act.