High Court · 2025

CRL MP(MD) No. 4157 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01-04-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) No. 4157 of 2025in CRL RC(MD) No. 410 of 2025 Jagabar Shadik Petitioner VsK.Balakrishnan Pillai Respondent Prayer in CRL MP(MD) No. 4157 of 2025 : Criminal Miscellaneous Petition filedunder Section 438(1) of BNSS., seeking orders to suspend the sentence imposed by thelearned Judicial Magistrate, Fast Track Court at Magisterial Level, Thanjavur Districtin S.T.C. No.119 of 2021, dated 31.07.2023, which was confirmed by the learnedPrincipal Sessions Judge, Thanjavur in C.A.No.201 of 2023, dated 12.02.2025 pendingdisposal of the criminal revision. Prayer in CRL RC(MD) No. 410 of 2025 : Criminal Revision Petition filed underSections 438 r/w 442 BNSS, to call for the records pertaining to the judgment, dated12.02.2025 passed by the learned Principal Sessions Judge, Thanjavur in C.A.No.201of 2023 confirming the judgment, dated 31.07.2023 passed by the learned JudicialMagistrate, Fast Track Court at Magisterial Level, Thanjavur District in S.T.C.No.119of 2021 and set aside the same. For Petitioner : Mr.R.L.Dhilipan Pandian ORDERThe above petition has been filed to suspend the sentence imposed on thepetitioner by the learned Judicial Magistrate (FTC at Magisterial Level) Thanjavur, inS.T.C.No.119 of 2021, dated 31.07.2023, which was confirmed by the learned Principal1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 4157 of 2025Sessions Judge, Thanjavur, in C.A.No.201 of 2023, dated 12.02.2025.2. The case of the complainant is that on 29.05.2020, the petitioner/accusedborrowed a sum of Rs.7,00,000/- from the complainant and executed a pronote onthat day itself in favour of the complainant; that thereafter agreed to repay the saidamount with interest at 12% per annum within six months from the date of borrowal;that the accused has not properly paid the interest, but he paid the interest amounttotally to the tune of Rs.29,000/- on various dates; that when therespondent/complainant demanded the accused to repay the amount, the petitionerhas issued a post dated cheque bearing No.035190 drawn on Indian Bank,Koothanallur Branch, Thiruvarur District towards discharge of the debt; that on30.04.2021, the complainant has presented the cheque for collection through StateBank of India, SME Branch, Thanjavur, but the same was returned on 01.05.2021 withreason as “Insufficient Funds”; that the complainant has sent a legal notice, dated17.05.2021 to the petitioner demanding repayment of the amount covered by thecheque and that the petitioner after receiving the notice on 18.05.2021, neither paidthe cheque amount nor replied to the legal notice. Hence, the complainant has filed aprivate complaint for the offence under Section 138 of Negotiable Instruments Act.3. The learned counsel appearing for the petitioner would submit that thepetitioner has been convicted by the trial Court for the alleged offence under Section2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 4157 of 2025138 of Negotiable Instruments Act and sentenced him to undergo one year simpleimprisonment and to pay a compensation of Rs.4,57,000/-, within one month, indefault, to undergo two months simple imprisonment. 4. Challenging the above said conviction and sentence, the petitioner has filedan appeal in Crl.A.No.201 of 2024 on the file of the Principal Sessions Court,Thanjavur. The learned Principal Sessions Judge, Thanajvur, confirming theconviction and sentence, dismissed the appeal. Being dissatisfied with the dismissalof the appeal, the petitioner has preferred the present Criminal Revision along withthe instant miscellaneous petition seeking suspension of 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.7. The learned counsel appearing for the petitioner pointed out that certaininfirmities and inconsistencies in this case and also certain contradictions in material3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 4157 of 2025particulars. 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 50% of the remaining compensationamount on or before 28.04.2025 to the credit of S.T.C.No.119 of 2021 onthe file of the Judicial Magistrate (FTC at Magisterial Level), Thanajvurfailing 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 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 Magistrate(FTC at Magisterial Level), Thanajvur;(iii) The sureties shall affix their photographs and Left ThumbImpression in the surety bond and the trial Court may obtain a copy of4/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 4157 of 2025their 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. 9. Post the matter on 29.04.2025 'for reporting compliance'. sd/- 01/04/2025 / 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 SESSIONS JUDGE,THANJAVUR.2 THE JUDICIAL MAGISTRATE,FAST TRACK COURT AT MAGISTERIAL LEVEL, THANJAVUR DISTRICT.3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.5/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) No. 4157 of 2025+1 CC to M/s.R.L.DHILIPAN PANDIAN, Advocate ( SR-3879[I] dated 03/04/2025 ) ORDER IN CRL MP(MD) No. 4157 of 2025in CRL RC(MD) No. 410 of 2025 Date :01/04/2025 SA/SAR. /04.04.2025/6P/5CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 6/6