High Court · 2025

CRL RC(MD) No.378 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-03-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) Nos.3882 and 3883 of 2025in CRL RC(MD) No.378 of 2025S.SenthilSelvi Petitioner inboth the petitionsVsR.Jeya KumarRespondent inboth the petitionsFor Petitioner in both the petitions: Mr.D.Venkatesh, AdvocatePrayer in CRL MP(MD).3882 of 2025 : This Criminal Miscellaneous Petition filed under Section 438(1) r/w 483 BNSSpraying to enlarge the petitioner on bail by suspending the sentence imposed inCrl.A.No.136 of 2023 by the Additional District Court (Fast Track Court), Palanidated 19.02.2025 confirming the judgment of conviction and sentence made inS.T.C.No.10 of 2022 by the Judicial Magistrate (Fast Track Court at MagisterialLevel), Palani dated 30.10.2023.1/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.378 of 2025Prayer in CRL MP(MD).3883 of 2025 : This Criminal Miscellaneous Petition filed under Section 528 BNSS praying toexempt the petitioner from undergoing the sentence imposed in Crl.A.No.136 of2023 by the Additional District Court (Fast Track Court), Palani dated 19.02.2025confirming the judgment of conviction and sentence made in S.T.C.No.10 of 2022 bythe Judicial Magistrate (Fast Track Court at Magisterial Level), Palani dated30.10.2023 pending disposal of the above criminal revision case. COMMON ORDERThese Criminal Miscellaneous Petitions have been filed (i) to suspend thesentence and compensation imposed on the petitioner/sole accused by the learnedJudicial Magistrate, Fast Track Court at Magisterial Level, Palani, in S.T.C.No.10 of2022, dated 30.10.2023, which was confirmed by the learned Additional DistrictJudge (Fast Track Court), Palani, in Crl.A.No.136 of 2023, dated 19.02.2025 and (ii) toexempt the petitioner to surrender before the trial Court. 2. The case of the respondent/complainant is that the petitioner borrowed aloan of Rs.7,75,000/- from the respondent on 05.12.2021 agreeing to repay the samewithin one month and issued a post-dated cheque dated 05.01.2022 forRs.7,75,000/-, that when the respondent has presented the cheque for collection on07.01.2022, the same was returned with reason “Funds Insufficient”, that therespondent has then sent a legal notice dated 08.03.2021 to the petitioner demandingrepayment of the amount covered by the cheque and the same was received by the2/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.378 of 2025petitioner on 09.02.2022, that the petitioner, after receiving the notice, has neithersent any reply nor paid any amount and that therefore, the respondent has filed aprivate complaint for the offence under Section 138 of Negotiable Instruments Actagainst the petitioner. 3. It is seen from the records that the petitioner has been convicted by the trialCourt for the alleged offence punishable under Section 138 of NegotiableInstruments Act and sentenced to undergo Simple Imprisonment for a period of 10months and also directed to pay a compensation of Rs.8,75,000/-, in default, toundergo Simple Imprisonment for a period of 2 months. Challenging the above saidconviction and sentence, the petitioner has filed an appeal in Crl.A.No.136 of 2023on the file of the Additional District (Fast Track) Court, Palani. The learnedAdditional District Judge confirmed the conviction and sentence and dismissed theappeal. Being dissatisfied with the dismissal of the appeal, the petitioner haspreferred the present Criminal Revision Case along with the above miscellaneouspetitions.4. The learned counsel appearing for the petitioner would submit that thereare several 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 is ready to deposit some portion of the3/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.378 of 2025compensation amount as directed by this Court. 5. This Court has carefully considered the contentions put forward by thelearned counsel appearing for the petitioner and also perused the materials availableon record.6. 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 finalhearing in the near future and as such, this Court is of the considered view that thepetitioner herein is entitled to the relief of grant of suspension of sentence.7. In the result, the Criminal Miscellaneous Petition in Crl.M.P.(MD)No.3882 of2025 is ordered. Accordingly, the relief of suspension of sentence is granted to thepetitioner on the following conditions:-(i) The petitioner shall deposit 60% of the compensation amounton or before 22.04.2025 to the credit of S.T.C.No.10 of 2022 on the file ofthe Judicial Magistrate, (Fast Track Court at Magisterial Level), Palani,failing which the sentence suspended shall automatically dismissed andthe concerned jurisdictional police is at liberty to execute the sentenceimposed by the trial Court against the petitioner in the manner knownto law;(ii) On such deposit, the petitioner shall execute a bond for a sum4/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.378 of 2025of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties,each for a like sum to the satisfaction of the Judicial Magistrate, (FastTrack Court at Magisterial Level), Palani;(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 anapplication under Section 355 B.N.S.S. (Section 317 of Cr.P.C.) and shallappear before the trial Court on any other day in lieu of the date of hisabsence, as directed by the trial Court. 8. Accordingly, Crl.M.P.(MD)No.3883 of 2025 is dismissed. 9. Post the matter on 23.04.2025 'for reporting compliance'. sd/- 24/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. CSM5/6 https://www.mhc.tn.gov.in/judis CRL RC(MD) No.378 of 2025TO1 THE JUDGE, ADDITIONAL DISTRICT COURT(FAST TRACK COURT), PALANI.2 THE JUDICIAL MAGISTRATE,(FAST TRACK COURT AT MAGISTERIAL LEVEL), PALANI.3 THE CHIEF JUDICIAL MAGISTRATEDINDIGUL DISTRICT.+1 cc to MR.D.VENKATESH, ADVOCATE, SR NO: 3400 Date :25/03/2025 ORDER IN CRL MP(MD) Nos.3882 and 3883 of 2025in CRL RC(MD) No.378 of 2025 Date :24/03/2025 MK/SAR /28.03.2025 6P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6