It is seen that the petitioner was acquitted by the trial Court and on the appeal filed by the complainant, the judgment of the trial Court was reversed and the petitioner was convicted for the offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo one year simple imprisonment and also to pay a compensation of Rs.10,00,000/- (Rupees ten lakhs only).
2.During the pendency of the appeal, the complainant and the accused appear to have entered into a settlement, dated 27.07.2017, under which, the accused is said to have paid Rs.2,50,000/- (Rupees two lakhs and fifty thousand only) to the complainant.
3.Moreover, the petitioner has raised substantial grounds in the revision case, which require detailed appraisal. Further, the revision case is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the petitioner is entitled to the relief of suspension of sentence, grant of bail and exemption from being taken into judicial custody.
4.Accordingly, the substantive sentence of imprisonment alone is suspended and the petitioner is directed to surrender before the trial Court within two weeks from the date of receipt of a copy of this order and on such surrender, she shall be http://www.judis.nic.in released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees ten 2 thousand only), with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the Judicial Magistrate, Fast Track Court No.I @ Magisterial Level, Coimbatore, and on further conditions that:
(i) the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judicial Magistrate, Fast Track Court No.I @ Magisterial Level, Coimbatore, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
(ii) on release, the petitioner shall appear before the trial Court on the first working day of every month until the disposal of the revision case and if she is not able to appear before the trial Court on any day, she shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of her absence, as directed by the trial Court.
5.Accordingly, these petitions are ordered.
17.07.2019 (2/2) mkn Copy to :
1.The I Additional District and Sessions Judge, Coimbatore.
2.The Judicial Magistrate, Fast Track Court No.I @ Magisterial Level, Coimbatore.
http://www.judis.nic.in 3 P.N. PRAKASH, J.
mkn Crl.M.P.Nos.9661 & 9662 of 2019 in Crl.R.C.No.691 of 2019 17.07.2019 (2/2) http://www.judis.nic.in