High Court · 2025

CRL MP(MD) Nos. 4392 and 4394 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-04-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) Nos. 4392 and 4394 of 2025in CRL RC(MD) No. 431 of 2025 K.Selvakumar Petitioner VsM.Karuppasamy Respondent Prayer in CRL MP(MD) No. 4392 of 2025 : Criminal Miscellaneous Petition filedunder Section 438(1) of BNSS., seeking orders to suspend the sentence imposed asagainst the petitioner by the learned Judicial Magistrate No.I, Sivakasi, VirudhunagarDistrict in C.C.No.325 of 2012, dated 12.03.2018 confirming the said order by thelearned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhurin C.A.No.43 of 2018, dated 04.09.2024 pending disposal of the revision. Prayer in CRL RC(MD) No. 431 of 2025 : Criminal Revision Petition filed underSections 438 r/w 442 BNSS, to call for the records and set aside the order ofconviction and imposition as against the petitioner passed in C.C.No.325 of 2012 onthe file of the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, dated12.03.2018, which was confirmed by the learned Principal District and Sessions Judge,Virudhunagar District at Srivilliputhur in C.A.No.43 of 2018, dated 04.09.2024.For Petitioner(s): Mr.M.Jegadeesh PandianFor Respondent(s): Mr.M.Jothi BasuORDERThe above petition has been filed to suspend the sentence imposed on thepetitioner by the learned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, in1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos. 4392 and 4394 of 2025C.C.No.325 of 2012, dated 12.03.2018, which was confirmed by the learned PrincipalDistrict and Sessions Judge, Virudhunagar District at Srivilliputhur, in C.A.No.43 of2018, dated 04.09.2024.2.The case of the complainant is that the petitioner/accused borrowed a sum ofRs.2,05,000/- from the complainant on 16.05.2012 and agreed to repay the samewithin two months; that the petitioner has issued two cheques bearing No.053262,dated 26.07.2012 for Rs.25,000/- and No.053264, dated 25.07.2012 for Rs.80,000/- bothdrawn on HDFC Bank, Sivakasi Branch in favour of the complainant; that the accusedhad issued two cheques bearing No.700233, dated 18.03.2012 for Rs.50,000/- andNo.700232, dated 16.06.2012 for Rs.50,000/- both drawn on Axis Bank, SivakasiBranch in favour of the complainant; that the complainant has presented the chequesfor collection on 28.07.2012, the Axis Bank cheques were returned with reason as“Funds Insufficient”; and the HDFC Bank cheques were returned with reason as'account closed'; that the complainant has sent a legal notice, dated 02.08.2012 to thepetitioner demanding repayment of the amount covered by the cheques and that thepetitioner after receiving the notice on 07.08.2012, neither paid the cheque amountnor replied to the legal notice. Hence, the complainant has filed a private complaintfor the offence under Section 138 of Negotiable Instruments Act.3.The learned counsel appearing for the petitioner would submit that the2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos. 4392 and 4394 of 2025petitioner has been convicted by the trial Court for the alleged offence under Section138 of Negotiable Instruments Act and sentenced him to undergo one year simpleimprisonment and to pay a compensation of Rs.2,05,000/-, within one month, indefault, to undergo three months simple imprisonment. 4. Challenging the above said conviction and sentence, the petitioner has filedan appeal in Crl.A.No.43 of 2018 on the file of the Principal District and SessionsCourt, Virudhunagar District at Srivilliputhur. The learned Sessions Judge,Srivilliputhur, confirming the conviction and sentence, dismissed the appeal. Beingdissatisfied with the dismissal of the appeal, the petitioner has preferred the presentCriminal Revision along with the instant miscellaneous petition seeking suspensionof sentence.5.The learned counsel appearing for the petitioner would submit that there areseveral infirmities in the prosecution case and further there are contradictions inmaterial particulars between the evidence of the prosecution witnesses. He wouldfurther submit that the petitioner has already deposited a sum of Rs.91,400/- beforethe Court below and he is ready to deposit some portion of the remaining amount. 6. This Court has carefully considered the contentions put forward by thelearned counsel appearing for the petitioner and also perused the materials availableon record.3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos. 4392 and 4394 of 20257. The learned counsel appearing for the petitioner pointed out that certaininfirmities and inconsistencies in this case and also certain contradictions in materialparticulars. The fact remains that there are arguable points involved in this criminalrevision and further the criminal revision is not likely to be taken up for final hearingin the near future and as such, this Court is of the considered view that the petitionerherein is entitled to the relief of grant of suspension of sentence.8. Accordingly, the relief of suspension of sentence is granted to the petitioneron the following conditions:-(i) The petitioner shall deposit 60% of the compensation amount onor before 28.04.2025 to the credit in C.C.No.325 of 2012 on the file of thelearned Judicial Magistrate No.I, Sivakasi, Virudhunagar District, failingwhich the sentence suspended shall automatically dismissed and theconcerned jurisdictional police is at liberty to execute the sentenceimposed by the trial Court against the petitioner in the manner known tolaw;(ii) On such deposit, the petitioner shall execute a bond for a sum ofRs.25,000/- (Rupees Twenty Five Thousand only) with two sureties,each for a like sum to the satisfaction of the learned Judicial MagistrateNo.I, Sivakasi, Virudhunagar District;4/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos. 4392 and 4394 of 2025(iii) The sureties shall affix their photographs and Left ThumbImpression in the surety bond and the trial Court may obtain a copy oftheir Aadhar card or Bank Pass Book to ensure their identity; and(iv) The petitioner shall appear before the trial Court once in amonth i.e., on the first working day of every English calendar month at10.30 a.m., until further orders and if he is not able to appear before thetrial Court on any day, he shall make arrangements to file an applicationunder Section 317 of Cr.P.C and shall appear before the trial Court onany other day in lieu of the date of his absence, as directed by the trialCourt. Consequently, Crl.M.P(MD)No.4394 of 2025, is dismissed. 9. Post the matter on 29.04.2025 'for reporting compliance'. sd/- 02/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. DASTO1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVLLIPUTHUR.5/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos. 4392 and 4394 of 20252 THE JUDICIAL MAGISTRATE NO.I,SIVAKASI, VIRUDHUNAGAR DISTRICT.3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.+1 CC to M/s.G.M.LAW OFFICE, Advocate ( SR-3841[I] dated 03/04/2025 ) ORDER IN CRL MP(MD) Nos. 4392 and 4394 of 2025in CRL RC(MD) No. 431 of 2025 Date :02/04/2025SA/SAR. /05.04.2025/6P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6