N.RAJU Vs. V.N.KRISHNASAMY

JUDGEMENT

(1.) The Petitioner/Appellant has filed the instant Criminal Revision Petition before this Court as against the order dated 04.04.2016 in Crl.M.P.No.1212 of 2016 in C.A.No.32 of 2016 passed by the Learned Principal District and Sessions Judge, Tiruvallur.

(2.) The Learned Principal and Sessions Judge, Tiruvallur while passing the impugned order in Crl.M.P.No.1212 of 2016 in C.A.No.32 of 2016 on 04.04.2016 had observed the following: This petition filed u/s.389(1) of Cr.P.C., to suspend the sentence passed by the Judicial Magistrate, Fast Track Court, Magisterial Level No.II, Poonamallee in S.T.C.No.100 of 2013 dated 15.02.2014. The Petitioner herein has been convicted and sentenced to undergo S.I. for six months and to pay a fine of Rs.1000/ - in default to undergo S.I. one month for the commission of offence under Section 138 of N.I. Act. The sentence was suspended by the Judicial Magistrate, Fast Track Court, Magisterial Level No.II, Poonamallee till 15.03.2016. Fine of Rs.1000/ - paid and original fine receipt is enclosed. Under the above facts and circumstances, this Court is inclined to suspend the sentence pending disposal of the criminal appeal 32/2016. Therefore, the sentence is suspended until the disposal of Criminal Appeal No.32 of 2016 on deposit of Rs.80,000/ - before the learned Judicial Magistrate, Fast Track Court, Magisterial Level No.II, Poonamallee to the credit of STC.No.100/2013 on or before 02.06.2016 and on his executing a bond for a sum of Rs.25,000/ - with two sureties for a likesum each to the satisfaction of the Judicial Magistrate, Fast Track Court, Magisterial Level No.II, Poonamallee and the Petitioner shall appear before this Court on 03.06.2016.

(3.) The Revision Petitioner/Appellant being dissatisfied with the impugned order dated 04.04.2016 in Crl.M.P.No.1212 of 2016 in C.A.No.32 of 2016 passed by the Appellate Court, has filed the present Criminal Revision Petition by taking a pivot plea that the Appellate Court had committed an error in imposing an onerous condition of deposit of Rs.80,000/ - to be made by the Revision Petitioner/Accused and in fact, the impugned order was passed without delving deep into the merits of the matter which is placed on record.