High Court · 2025

IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 25.10.2025Coram:The Honourable Mrs.Justice T.V.THAMILSELVICrl.M.P.No.19721 of 2025in Crl.R.C.No.2114 of 2025P.Pappuraj ...PetitionerVersusS.Mohankumar ...RespondentPrayer: This Criminal Miscellaneous Petition is filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023 praying to suspend the sentence imposed by the Judgment dated 10.09.2025 in Crl.A.No.159 of 2023 on the file of the learned III Additional District and Sessions Judge, Coimbatore, confirming the Judgment dated 05.05.2023 in C.C.No.11 of 2014 passed by the learned Judicial Magistrate, Mettupalayam. For Petitioner:Mr.D.Manimaran1/8 https://www.mhc.tn.gov.in/judis ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner seeking to suspend the sentence imposed on him by the learned Judicial Magistrate, Mettupalayam vide Judgment dated 05.05.2023 in C.C.No.11 of 2014 and the same was confirmed by the learned III Additional District and Sessions Judge, Coimbatore vide Judgment dated 10.09.2025 in Crl.A.No.159 of 2023 and to enlarge him on bail pending disposal of the above Criminal Appeal.2. The petitioner is the accused in C.C.No.11 of 2014 on the file of learned Judicial Magistrate, Mettupalayam. The petitioner/accused was found guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881. Therefore, the trial Court vide Judgment dated 05.05.2023 in C.C.No.11 of 2014, convicted the petitioner/accused and sentenced him to undergo simple imprisonment for a period of 6 months and to pay a sum of Rs.4,60,000/- as compensation to the respondent/complainant within 2 months from the date of judgment, in default, to undergo 1 month simple 2/8 https://www.mhc.tn.gov.in/judis imprisonment. Challenging the said Judgment of the trial Court, petitioner/accused had preferred a Criminal Appeal in C.A.No.159 of 2023 before the III Additional District and Sessions Court, Coimbatore. However, the Appellate Court vide Judgment dated 10.09.2025 in Crl.A.No.159 of 2023, dismissed the said Appeal and confirmed the judgment of the trial Court. Aggrieved by the same, petitioner/accused has filed the present Criminal Revision before this Court.3. The learned counsel for the petitioner/accused submitted that the Courts below had failed to note that there is no business relationship or any acquaintance between the petitioner/accused and respondent/complainant and no documentary evidence was adduced by the respondent/complainant to prove that petitioner/accused and respondent/complainant were conversant with each other. 3.1. It is further submitted by the learned counsel for the petitioner/accused that the two witnesses who were examined on the side of petitioner/accused viz., D.W.1 (Mr.Dinakaran) and D.W.2 3/8 https://www.mhc.tn.gov.in/judis (Mr.Sureshkumar) have deposed that they have no knowledge about the respondent/complainant. Hence, there is no legally enforceable debt payable to the respondent/complainant by the petitioner/accused. However, without properly appreciating the evidence of D.W.1 and D.W.2, the Courts below have convicted the petitioner/accused.3.2. It is also submitted by the learned counsel for the petitioner/accused that Courts below failed to note that during Cross Examination, respondent/complainant who examined himself as P.W.1 deposed that he is unaware of the address of petitioner/accused and he is also unaware of the previous business carried on by the petitioner/accused. The deposition of respondent/complainant itself clearly shows that there is no business relationship or any acquaintance between the petitioner/accused and respondent/complainant. 3.3. The learned counsel for the petitioner/accused submitted that the petitioner/accused has a fair chance of succeeding in the Criminal Revision and he is ready to abide any condition to be imposed by this Court. 4/8 https://www.mhc.tn.gov.in/judis Therefore, the learned counsel for the petitioner/accused prayed that the substantive sentence imposed on the petitioner/accused may be suspended.4. Heard the learned counsel for the petitioner/accused and perused the materials available on record.5. 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.6. Accordingly, till the disposal of the Criminal Revision, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) The petitioner/accused shall deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only), after deducting the amount which was already deposited by the petitioner/accused, if any, to the credit of C.C.No.11 of 2014 on the file of Judicial Magistrate Court, Mettupalayam, within a period of 5/8 https://www.mhc.tn.gov.in/judis 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 and the petitioner/accused shall be released on bail 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 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 Criminal Revision 6/8 https://www.mhc.tn.gov.in/judis 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. 7. With the above directions, this Criminal Miscellaneous Petition is allowed.25.10.2025mrr Index: Yes/NoSpeaking Order (or) Non-Speaking OrderTo1.The III Additional District and Sessions Judge, Coimbatore.2.The Judicial Magistrate, Mettupalayam.3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J.mrrCrl.M.P.No.19721 of 2025in Crl.R.C.No.2114 of 202525.10.20258/8