High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 14.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.Nos.19076 & 19077 of 2025in Crl.R.C.No.2026 of 2025Dominic Savio ...Petitioner in both Crl.M.PsVersusKrishnan ...Respondent in both Crl.M.PsPrayer in Crl.M.P.No.19076 of 2025 in Crl.R.C.No.2026 of 2025: This Criminal Miscellaneous Petition is filed under Section 438(1) of Cr.P.C., 1973 praying to suspend the sentence passed in Judgment dated 19.11.2024 by the learned II Additional District and Sessions Judge, Tiruchengode in Crl.A.No.81 of 2024 and enlarge the petitioner on bail on such terms and conditions that may be imposed on him by this Court.Prayer in Crl.M.P.No.19077 of 2025 in Crl.R.C.No.2026 of 2025: This Criminal Miscellaneous Petition is filed under Section 528 of Cr.P.C, 1973 praying to exempt the petitioner from surrendering in the sentence dated 19.11.2024 imposed on the petitioner by the learned II Additional District and Sessions Judge, Tiruchengode in Crl.A.No.81 of 2024 confirming the sentence dated 12.03.2024 imposed by the learned Judicial Magistrate (FTC), Tiruchengode in S.T.C.No.08 of 2022.For Petitioner in both Crl.M.Ps :Mr.N.Manojkumarfor M/s.KV Law Firm1/9 https://www.mhc.tn.gov.in/judis COMMON ORDERThe Criminal Miscellaneous Petition No.19076 of 2025 has been filed by the petitioner seeking to suspend the sentence imposed on him by the learned II Additional District and Sessions Judge, Tiruchengode vide Judgment dated 19.11.2024 in Crl.A.No.81 of 2024 and enlarge him on bail pending disposal of the above Criminal Revision Petition.2. The Criminal Miscellaneous Petition No.19077 of 2025 has been filed by the petitioner seeking to grant exemption of surrender of the petitioner before the learned II Additional District and Sessions Judge, Tirchengode on the date of Judgment dated 19.11.2024 in Crl.A.No.81 of 2024 in confirming the conviction and sentence imposed by the learned Judicial Magistrate (FTC), Tiruchengode vide Judgment dated 12.03.2024 in S.T.C.No.08 of 2022.3. The petitioner is the accused in S.T.C.No.08 of 2022 on the file of the Judicial Magistrate Court (FTC), Tiruchengode. The petitioner/accused 2/9 https://www.mhc.tn.gov.in/judis was found guilty for the offence under Section 138 of the Negotiable Instruments Act, 1881. Hence, the trial Court had convicted the petitioner/accused and sentenced him to undergo simple imprisonment for a period of 1 year. Further, the trial Court had directed the petitioner/accused to pay a sum of Rs.10 Lakhs as compensation to respondent/complainant, in default, to undergo 1 month simple imprisonment. Aggrieved by the said conviction and sentence, petitioner/accused preferred a Criminal Appeal No.81 of 2024 before the learned II Additional District and Sessions Judge, Tiruchengode. However, the learned II Additional District and Sessions Judge, Tiruchengode vide Judgment dated 19.11.2024, dismissed the Appeal filed by the petitioner/accused and confirmed the conviction and sentence imposed by the trial Court. Hence, petitioner/accused has filed the Criminal Revision Case before this Court.4. The learned counsel for the petitioner/accused submitted that the respondent/complainant is an unknown person to the petitioner/accused. The wife of petitioner/accused had borrowed a sum of Rs.8,00,000/- one Mr.Tamilselvan. At the time of borrowing the said amount, the wife of 3/9 https://www.mhc.tn.gov.in/judis petitioner/accused had issued 3 signed blank cheques to said Tamilselvan. That apart, for security purposes, petitioner/accused and his wife had issued a signed Pronote and 2 signed blank Stamp Papers to said Tamilselvan.4.1. It is also submitted by the learned counsel for the petitioner/accused that the wife of petitioner/accused had repaid the aforesaid borrowed amount. After the repayment of borrowed amount, she demanded said Tamilselvan to return the signed blank cheques, pronote and blank Stamp Papers, but, he did not return the same to the wife of petitioner/accused. The said Tamilselvan entrusted the cheques in question to his uncle viz., respondent/complainant and the respondent/complainant had misused the signed blank cheques issued by the wife of petitioner/accused and lodged a false complaint against the petitioner/accused.4.2. It is submitted by the learned counsel for the petitioner/accused that the petitioner/accused has been falsely implicated in this case. Both the Courts below failed to properly appreciate the evidence of petitioner. 4/9 https://www.mhc.tn.gov.in/judis

4.3. The learned counsel for the petitioner also submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Revision Case. Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the petitioner/accused may be suspended.5. Heard the learned counsel for the petitioner/accused and perused the materials available on record.6. Considering the submissions made by the learned counsel for the petitioner/accused coupled with the quantum of punishment imposed on the petitioner/accused and taking into consideration of the fact that the Criminal Revision is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone.7. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:5/9 https://www.mhc.tn.gov.in/judis (i) The petitioner/accused shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), after deducting the amount which was already deposited by the petitioner/accused, if any, to the credit of S.T.C.No.08 of 2022 on the file of Judicial Magistrate Court (FTC), Tiruchengode, within a period of four weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled.(ii) On such deposit being made, the trial Court shall re-deposit 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) If the petitioner/accused fails to deposit the aforesaid amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.(iv) The sentence of imprisonment imposed on the petitioner/accused shall be suspended on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court;(v) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar 6/9 https://www.mhc.tn.gov.in/judis Card or Bank Pass Book and their mobile numbers to ensure their identity;(vi) The petitioner/accused 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 case 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 his absence, as directed by the trial Court. 8. With the above directions, Criminal Miscellaneous Petition No.19076 of 2025 is allowed. Consequently, Criminal Miscellaneous Petition No.19077 of 2025 is closed.14.10.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking Order7/9 https://www.mhc.tn.gov.in/judis To1.Judicial Magistrate Court (FTC), Tiruchengode.2.The II Additional District and Sessions Judge, Tiruchengode.3.The Public Prosecutor, High Court, Madras. 8/9 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.Nos.19076 & 19077 of 2025in Crl.R.C.No.2026 of 202514.10.20259/9