High Court · 2025

CRL MP No. 18753 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-12-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 18753 of 2025in Crl.R.C.No.1984 of 2025MarimuthuPetitioner(s)VsSuper Breeding Farm,Having its Office at, D.No.1/252, Chitampalam, Venkittapuram Post, Palladam, Tiruppur, Rep by its Authorized person Power Agent/ General Manager, R.Ravikumar (43/M)No.6, Kannusamy Layout, Tiruppur Road, Udumalapet, Tiruppur District.Respondent(s)For Petitioner(s):M/s.P.Jessi Jeeva PriyaFor Respondent:Mr.K.Govi GanesanORDERToday, the matter is listed under the caption “for being mentioned“ at the instance of the learned counsel for the petitioner. https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 20252. It is brought to the notice of this Court that in the order dated 08.10.2025 in Crl.MP.No.18753 of 2025, in paragraph 5(i), the case number “STC.No.2071 of 2017”, was wrongly mentioned as “C.C.No.645 of 2020”.3. In view of the above submission, the Registry is directed to carry out the necessary correction by substituting “STC.No.2071 of 2017” at the appropriate place and issue a fresh order copy to the parties forthwith.4. In all other respects, the order dated 08.10.2025, shall remain unaltered.08-12-2025pvsIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025T.V.THAMILSELVI J.pvsCRL MP No. 18753 of 2025in Crl.R.C.No.1984 of 2025 08-12-2025 https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 08-10-2025CORAMTHE HONOURABLE MRS.JUSTICE T.V.THAMILSELVICRL MP No. 18753 of 2025INCRL RC NO. 1984 OF 2025MarimuthuS/o. Eswaran, K.P.E.M.Chicken, 89/91, Kalaignar nagar, Near Police Bridge, Viruthunagar.Petitioner(s)VsSuper Breeding Farm,Having its Office at, D.No.1/252, Chitampalam, Venkittapuram Post, palladam, Tiruppur. Rep by its Authorized person Power agent/ General manager, R.Ravikumar (43/M) S/o. Rajamanickam, No.6, Kannusamy Layout, Tiruppur Road, udumalapet, Tiruppur District.Respondent(s)PRAYERTo suspend the sentence imposed upon me pursuant to the judgment dated 27.08.2024 passed in STC.No.2071/2017, on the file of the Judicial magistrate, Palladam, as confirmed by the Judgment dated 11.06.2025, passed in CA.No.277/2024, on the file of the Special Court for trial of cases under SC/ST (POA) Act, Tiruppur, pending disposal of the above Criminal Revision Case.For Petitioner(s):Mr.P.Jessi Jeeva Priya https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025ORDERThis Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Special Court for trial of cases registered under SC/ST (POA) Act, Tiruppur in C.A.No.277 of 2024, dated 11.06.2025, confirming the Judgment dated 27.08.2024 passed in S.T.C.No.2071 of 2017 by the learned Judicial Magistrate, Palladam 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. 2071 of 2017 on the file of the learned Judicial Magistrate, Palladam. 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 six months and awarded to pay the compensation of Rs.6,93,590/- within three months, in default, to undergo simple imprisonment for the period of one month. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.277 of 2024 before the learned Special Court for trial of cases registered under SC/ST (POA) Act, Tiruppur, by an order dated 11.06.2025, 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 he is having valid defence to prove his case, but the redemption attached with the said cheque is under dispute. He had also pointed out that the said cheque was stolen, for which, he had already gave a complaint. To that effect, the documents also produced, but the same was not properly appreciated by the courts below. He would submit that there are arguable points available in the Criminal Revision Case. He would submit that the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025substantive 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 stating that he is having valid defence to prove his case, 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 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 Case, the reliefs of suspension of sentence and bail are granted on the following conditions:(i) the petitioner shall deposit a sum of Rs.2,00,000/- (Rupees two lakhs only) to the credit of C.C.No.645 of 2020 on the file of learned Judicial Magistrate, Palladam, 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 respondent/complaiant is permitted to withdraw the amount on filing undertaking affidavit;(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. https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025(iv) On the petitioner depositing the amount as stated clause (i) supra, the sentence of imprisonment alone, imposed 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. 08-10-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NorppN.B. : Issue order copy on 09.10.2025 https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025To1. Special Court for trial of cases registered under SC/ST (POA) Act, Tiruppur.2. Judicial Magistrate, Palladam. https://www.mhc.tn.gov.in/judis CRL MP No. 18753 of 2025T.V.THAMILSELVI J.rppCRL MP No. 18753 of 2025IN CRL RC NO. 1984 OF 202508-10-2025(2/2)