IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.06.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.10113 of 2017 and Crl.MP No.6733 of 2017 P.Manoharan ... Petitioner Vs A.Jayarajan ... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the Judicial Magistrate, Rasipuram to accept the surrender of the petitioner and payment of the fine imposed in the calender case in CC No.180 of 2012 and to suspend the sentence on presentation of a petition to that effect on the same day.
For Petitioner : Mr.K.A.Mariappan ORDER This Criminal Original Petition has been filed to direct the learned Judicial Magistrate, Rasipuram to accept the surrender of the petitioner and payment of fine and to suspend the sentence on filing a petition in CC No.180 of 2012, on the same day.
2. It is the case of the petitioner that he was arrayed as accused for the offence punishable under Section 138 of the Negotiable Instruments Act in CC No.180 of 2012 on the file of the learned Judicial Magistrate, Rasipuram, Namakkal District. After receipt of the summons, he engaged a counsel to contest the case on his behalf. Due to his ill-health condition, he did not contact his counsel for a long time. Now, the petitioner came to understand that by judgment dated 25.07.2014, the said calender case was decided against him and he was convicted and sentenced to undergo one year simple imprisonment and pay a fine of Rs.5,000/- in default to undergo three months simple imprisonment. Further, in the notice dated 07.04.2017 issued by the learned Judicial Magistrate, Rasipuram, the petitioner was directed to appear before the trial court on 04.05.2017, failing which, warrant will be issued against him. However, the petitioner did not appear before the trial court, as the said notice was served only on 10.05.2017. Hence, he has come up with the present petition for the above stated relief.
3. Learned counsel for the petitioner submitted that the petitioner did not know about the order of conviction passed against him, as he did not contact his counsel due to his poor health condition. Further, the impugned notice came to be served on him only on 10.5.2017, as such, his non-appearance before the trial court is neither wilful nor wanton. Therefore, learned counsel seeks indulgence of this Court to suspend the sentence imposed on the petitioner.
4. Having considered the facts and circumstances of the case and taking note of the submission made by the learned counsel for the petitioner, this Court directs the petitioner to surrender before the learned Judicial Magistrate, Rasipuram, Namakkal District within a period of 15 days from the date of receipt of a copy of this order and file appropriate application in CC No.180 of 2012 and on such surrender and upon filing such application, the learned Magistrate shall accept the surrender of the petitioner and consider his application on the very same day purely on merits and pass appropriate orders.
5. This Criminal Original Petition is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.
19.06.2017 rk Index: Yes/No To
1. The Judicial Magistrate, Rasipuram, Namakkal District.
2. The Public Prosecutor, High Court, Madras-104.
R.MAHADEVAN, J.
rk Crl.O.P.No.10113 of 2017 DATED: 19.06.2017 http://www.judis.nic.in