✦ High Court of India · 15 Jul 2025

High Court · 2025

Case Details High Court of India · 15 Jul 2025

Court

High Court of India

Decided

15 Jul 2025

Bench

III Additional District IV Additional District IV Addition District III Additional District and Sessions IV Additional District and Sessions

Length

1,985 words

Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.06.2025CORAM: THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYANCrl.M.P.No.12562 of 2025inCrl.R.C.No. 937 of 2025S.S.Krishnamoorthi....PetitionerVsRamasundaram....RespondentPRAYER: Criminal Miscellaneous Petition filed under Section 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed in the judgment dated 02.01.2025 made in C.A.No.23 of 2024 on the file of the learned III Additional District and Sessions Judge, Salem, confirming the conviction imposed in judgment dated 03.01.2024 made in S.T.C.No.6844 of 2019 on the file of the learned Judicial Magistrate No.IV, Salem and enlarge the petitioner on bail pending disposal of the above revision petition.For Petitioner : Mr.D.M.Senthilkumar3/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned III Additional District and Sessions Judge, Salem in C.A.No.23 of 2024, dated 02.01.2025, confirming the Judgment dated 03.01.2024 passed in S.T.C No. 6844 of 2019 by the learned Judicial Magistrate No.IV, Salem and enlarge the petitioner on bail pending disposal of the above Criminal Revision.2.The petitioner herein is the accused in S.T.C No. 6844 of 2019 on the file of the learned Judicial Magistrate No.IV, Salem. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo simple imprisonment for a period of one year and awarded to pay a sum of Rs.30,92,000/- as compensation with interest at the rate of 9% per annum from the date of dishonour till the date of realization, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of two months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.23 of 2024 4/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025and the learned III Additional District Judge, Salem, by order dated 02.01.2025, had dismissed the above appeal, confirming the judgment and sentence imposed by the trial Court. Aggrieved by the same, the present revision has been filed. 3.The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide any condition to be imposed by this Court.4.Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.5.Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that this criminal revision is not likely to be taken for final hearing in the near future, this 5/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) the petitioner shall deposit a sum of Rs.25,00,000/- (Rupees Twenty five Lakhs only), to the credit of STC.No.6844 of 2019 on the file of learned III Additional District Judge, Salem, within a period of four weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled. (ii) On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case;(iii) On the failure of the petitioner/accused depositing the above said amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence. (iv) On the petitioner depositing the amount as stated clause (i) supra, the sentence of imprisonment alone, 6/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;(v) The petitioner and 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 and mobile numbers to ensure their identity; (vi) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition 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 355 of BNSS, 2023 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; 6. With the above directions, this Criminal Miscellaneous Petition is ordered. 30.06.2025 (2/6) Index: Yes/NoNeutral citation: Yes/No7/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025Speaking/non-speaking orderssd8/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025G.K.ILANTHIRAIYAN, J.ssdTo1. The III Additional District Judge, Salem2. The Judicial Magistrate No.IV, SalemCrl.M.P.No.12562 of 2025inCrl.R.C.No.937 of 202530.06.2025(2/6) 9/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 30.06.2025CORAM: THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYANCrl.M.P.No.12567 of 2025inCrl.R.C.No. 938 of 2025S.S.Krishnamoorthi....PetitionerVsRamasundaram....RespondentPRAYER: Criminal Miscellaneous Petition filed under Section 438 r/w 442 of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed in the judgment dated 02.01.2025 made in C.A.No.24 of 2024 on the file of the learned III Additional District and Sessions Judge, Salem, confirming the conviction imposed in judgment dated 03.01.2024 made in S.T.C.No.3277 of 2021 on the file of the learned Judicial Magistrate No.IV, Salem and enlarge the petitioner on bail pending disposal of the above revision petition.For Petitioner : Mr.D.M.Senthilkumar10/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned III Additional District and Sessions Judge, Salem in C.A.No.24 of 2024, dated 02.01.2025, confirming the Judgment dated 03.01.2024 passed in S.T.C No. 3277 of 2019 by the learned Judicial Magistrate No.IV, Salem and enlarge the petitioner on bail pending disposal of the above Criminal Revision.2.The petitioner herein is the accused in S.T.C No. 3277 of 2021 on the file of the learned Judicial Magistrate No.IV, Salem. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo simple imprisonment for a period of one year and awarded to pay a sum of Rs.8,00,000/- as compensation with interest at the rate of 9% per annum from the date of dishonour till the date of realization, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of two months as default sentence. Aggrieved 11/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025by the same, the petitioner had filed an appeal in Crl.A No.24 of 2024 and the learned III Additional District Judge, Salem, by order dated 02.01.2025, had dismissed the above appeal, confirming the judgment and sentence imposed by the trial Court. Aggrieved by the same, the present revision has been filed. 3.The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide any condition to be imposed by this Court.4.Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.5.Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that this criminal revision is not likely to be taken for final hearing in the near future, this 12/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) the petitioner shall deposit a sum of Rs.5,00,000/- (Rupees Give Lakhs only), to the credit of STC.No.3277 of 2021 on the file of learned III Additional District Judge, Salem, within a period of four weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled. (ii) On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case;(iii) On the failure of the petitioner/accused depositing the above said amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence. (iv) On the petitioner depositing the amount as stated clause (i) supra, the sentence of imprisonment alone, 13/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;(v) The petitioner and 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 and mobile numbers to ensure their identity; (vi) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition 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 355 of BNSS, 2023 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; 6. With the above directions, this Criminal Miscellaneous Petition is ordered. 30.06.2025 (3/3) Index: Yes/NoNeutral citation: Yes/No14/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025Speaking/non-speaking orderssd15/2 https://www.mhc.tn.gov.in/judis Crl.M.P.Nos.12562 & 12567 of 2025in Crl.R.C.Nos.937 & 938 of 2025G.K.ILANTHIRAIYAN, J.ssdTo1. The III Additional District Judge, Salem2. The Judicial Magistrate No.IV, SalemCrl.M.P.No.12567 of 2025inCrl.R.C.No.938 of 202530.06.2025(3/3) 16/2

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