✦ High Court of India · 26 Sep 2025

High Court · 2025

Case Details High Court of India · 26 Sep 2025

Court

High Court of India

Decided

26 Sep 2025

Bench

Civil Court at Chennai. The learned trial The XIX Additional T.V.THAMILSELVI

Length

1,500 words

Acts & Sections

Code of Criminal Procedure §255(2)Code of Criminal Procedure §357

IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 26-09-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP Nos. 18154, 18157, 18158, 18159, 18162, 18160, 18167 & 18168 of 2025 in Crl.R.C.Nos.1846, 1848, 1849 & 1850 of 20251. Mr. D. SURESH KUMARProprietor, M/s. AR Devrajulu Naidu and Son, Office No.T/F-115, T/F-117, Anna Fruit Market, Koyambedu, Chennai-600 092. Res No.751, Poonamalle High Road, Kilpauk, Chennai-600 010.Petitioner(s) in all CMPsVs1. Shahil Kumar P. Jain2.Parasmal A.Shah3.Mahendra Kumar A JainRespondent in CMP.Nos.18154 & 18157/2025Respondent in CMP.Nos.18158 & 8159,18162 & 18160/2025Respondent in CMP.Nos.18167 & 18168/2025PRAYER in CRL MP No. 18154 of 2025: To suspend the conviction and sentence imposed in the judgement dated 12-11-2024 made in S.T.C. No. 3746 of 2022 on the file of IV FTC/Metropolitan Magistrate, George Town, Chennai and confirmed in judgment dated 28-08-2025 in Crl.A. No.1008 of 2024 on the file of the XIX Additional City Civil Court at Chennai, and enlarge the petitioner on bail pending disposal of this revision petition before this honorable court. https://www.mhc.tn.gov.in/judis PRAYER in CRL MP No. 18157 of 2025: To exempt the petitioner from surrender pursuant to the judgment dated 12.11.2024 made in S.T.C. No.3746 of 2022 on the file of IV FTC/Metropolitan Magistrate, George Town, Chennai and confirmed in judgment dated 28-08-2025 in Crl.A. No.1008 of 2024 on the file of the XIX Additional City Civil Court at Chennai pending disposal of this Revision petition before this honorable court.PRAYER in CRL MP No. 18158 of 2025: To suspend the conviction and sentence imposed in the judgement dated 12.11.2024 made in STC.No.3748 of 2022 on the file of the IV FTC Metropolitan magistrate, George Town, Chennai and confirmed in judgement dated 28.08.2025 in Crl.A.No.1007 of 2024 on the file of the XIX Additional City civil Court at Chennai and enlarge the petitioner on bail pending disposal of this revision petition before this Court.PRAYER in CRL MP No. 18159 of 2025: To exempt me from surrender purusant to the judgement dated 12.11.2024 made in STC.No.3748 of 2022 on the file of the IV FTC Metropolitan Magistrate, George Town, Chennai and confirmed in judgement dated 28.08.2025 in Crl.a.No.1007 of 2024 on the file of the XIX Additional City Civil Court, at Chennai and enlarge the petitioner on bail pending disposal of this Revision petition before this Honble Court.PRAYER in CRL MP No. 18160 of 2025: To Suspend the conviction and sentence imposed in the Judgment dated 12.11.2024 made in STC.No.3747/2022 on the file of IV FTC/MM , George Town, Chennai and confirmed in Judgment dated 28.08.2025 in Crl.A.No.1010/2024 on the file of the XIX Additional City Civil Court at Chennai and enlarge the petitioner on bail pending disposal of this Revision petition before this Hon'ble Court. https://www.mhc.tn.gov.in/judis PRAYER in CRL MP No. 18162 of 2025: To exempt me from surrender pursuant to the judgment dated 12.11.2024 made in STC.No. 3747 of 2022 on the file of IV FTC/MM, George Town, Chennai and confirmed in Judgment dated 28.08.2025 in Crl.A.No.1010/2024 on the file of the XIX Additional City Civil Court at Chennai, and enlarge the petitioner on bail pending disposal of this Revision petition before this Honble Court.PRAYER in CRL MP No. 18167 of 2025: To suspend the conviction and sentence imposed in the Judgement dated 12.11.2024 made in S.T.C.NO.126 of 2024 on the file of the IV FTC/Metropolitan Magistrate, George Town, Chennai and confirmed in judgment dated 28.08.2025 in Crl.A.No.1006 of 2024 on the file of the XIX Additional City Civil Court at Chennai, and enlarge the petitioner on bail pending disposal of this render justice.PRAYER in CRL MP No. 18168 of 2025: To exempt me from surrender pursuant to the Judgment dated 12.11.2024 made in S.T.C.No.126 of 2024 on the file of IV FTC/Metropolitan Magistrate, George Town, chennai and confirmed in judgment dated 28.08.2025 in Crl.A.No.1006 of 2024 on the file of the XIX Additional City Civil Court at Chennai, and enlarge the petitioner on bail pending disposal of this Revision Petition before this Honble Court.For Petitioner(s):Mr.R.Prabakarin all CMPs https://www.mhc.tn.gov.in/judis COMMON ORDERThese Criminal Miscellaneous Petitions have been filed by the petitioner seeking suspension of sentence of imprisonment imposed on the petitioner in the judgment dated 12-11-2024 made in S.T.C. Nos. 3746, 3748, 3747 of 2022 & 126 of 2024, respectively, on the file of IV FTC/Metropolitan Magistrate, George Town, Chennai and confirmed in judgment dated 28-08-2025 in Crl.A. Nos.1008, 1007, 1010 & 1006 of 2024, respectively, on the file of the XIX Additional City Civil Court at Chennai, and enlarge the petitioner on bail and to exempt the petitioner from surrendering, pending disposal of the above Criminal Revisions.2.Heard the learned counsel appearing for the petitioner and perused the materials available on record.3. The petitioner herein is the accused in STC Nos.3746, 3748, 3747 of 2022 & 126 of 2024, respectively, on the file of IV FTC/Metropolitan Magistrate, George Town, Chennai, and in each cases, he has been convicted for https://www.mhc.tn.gov.in/judis the offences under Sections 138 of Negotiable Instruments Act and the accused was convicted for the said offence under Section 255(2) of Cr.P.C. And imposed sentence of simple imprisonment for one month and as per under Section 357 of Cr.P.C. and imposed compensation of Rs.1,00,000/-, Rs.75,000/-, Rs.1,00,000/-, and Rs.2,25,000/-, respectively, along with 3% per annum for the said cheque amount from the date of dishonor of case cheque to till date to the accused for the offence under Section 138 of NI Act and directed the accused to pay the said compensation amount to the complainant within one month and in default of payment of said compensation the accused shall undergo one week simple imprisonment. Aggrieved by the same, the petitioner had filed appeals in Crl.A. Nos.1008, 1007, 1010 & 1006 of 2024, respectively, on the file of the XIX Additional City Civil Court at Chennai. The learned trial Judge had dismissed the appeals and confirmed the conviction and sentence, against which the present revisions have been filed. 4.The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Cases and the https://www.mhc.tn.gov.in/judis petitioner/accused has got a fair chance of succeeding in the Criminal Revision Cases and hence, the substantive sentence imposed against the petitioner/accused may be suspended. Further it is his specific submission that the petitioner was enlarged on bail during the time of pendency of the appeals before the first appellate Court and the petitioner may be exempted from surrendering before the Trial Court. He would submit that the petitioner is ready to abide the condition imposed by this Court. 5. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further this Criminal Revisions are not likely to be taken for final hearing in the near future, this Court 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 Cases, the reliefs of suspension of sentence and bail are granted on the following conditions: https://www.mhc.tn.gov.in/judis (a) the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty thousand only), in each cases, [in toto, 50,000/- x 4 = Rs.2,00,000/- (Rupees Two lakh only] to the credit of S.T.C. Nos. 3746, 3748, 3747 of 2022 & 126 of 2024, respectively, on the file of IV FTC/Metropolitan Magistrate, George Town, Chennai, without prejudice his defence, within a period of four weeks from the date of receipt of a copy of this order. (b) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned IV Fast Track Court / Metropolitan Magistrate, George Town, Chennai.(c) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhaar Cards or Bank Pass Books to ensure their identities.(d) 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 Criminal revision petitions 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. https://www.mhc.tn.gov.in/judis

6.With the above directions, the suspension of sentence filed by the petitioner in Crl.MP.Nos.18154, 18158 & 18167 of 2025 are ordered. Consequently, the petitions filed by the petitioner in Crl.M.P.Nos.18157, 18159 & 18168 of 2025, seeking exemption from surrendering before the trial Court, are closed accordingly.26-09-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/Norri https://www.mhc.tn.gov.in/judis To1.The IV FTC/Metropolitan Magistrate, George Town, Chennai.2.The XIX Additional Judge, City Civil Court, Chennai, https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J.rriCRL MP Nos. 18154, 18157, 18158, 18159, 18167 & 18168 of 2025 in Crl.R.C.Nos.1846, 1848, 1849 & 1850 of 2025 26-09-2025

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