High Court · 2025

CRL.M.P.(MD)No.15944 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 24.11.2025THE HONOURABLE MR.JUSTICE SHAMIM AHMEDCRL.M.P.(MD)No.15944 of 2025inCRL.R.C.(MD)No.1392 of 2025C.AthimoolamS/o.Chellapandi68DCSK IllamNo.179-BThendral NagarRajapalayamSrivilliputhur.... Petitionervs.V.SolamalaiS/o.Veeraiya33Rajapalayam Main RoadMelapattam KasisalkulamMamsapuramSrivilliputhur ... RespondentPRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to suspend the sentence made in judgment dated 17.11.2021 made in CC.No.861/2019 on the file of the Fast Track Judicial Magistrate Court, Srivilliputhur which was confirmed dismissing the appeal by the judgment dated 23.04.2025 made in Crl.A.No.02 of 1/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 20252022 on the file of the Principal District and Session Judge, Virudhunagar District at Srivilliputhur. For Petitioner:Mr.K.Gokul *****O R D E RHeard Mr.K.Gokul, learned Counsel for the Revision Petitioner and also this Court has taken the assistance of Mr.A.S.Abul Kalam Azad, learned Government Advocate.2.This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed upon the Revision Petitioner in C.C.No.861 of 2019, dated 17.11.2021 on the file of the Fast Track Judicial Magistrate Court, Srivilliputhur, which was confirmed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur in Criminal Appeal No.2 of 2022, dated 23.04.2025, wherein, the Revision Petitioner, was convicted for offence under Section 138 of Negotiable Instruments Act, to undergo simple imprisonment for two years and to pay a compensation of Rs.7,10,000/- within two months, in default, to undergo simple imprisonment for three months. 2/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 2025Challenging the above conviction and sentence, the Revision Petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.1392 of 2025 along with the instant Miscellaneous Petition, seeking suspension of sentence and bail.3.When the matter was taken up on 03.11.2025, the learned Counsel for the Revision Petitioner submitted that in compliance of the order passed by the learned Principal District and Sessions Judge, Virudhunagar District at Srivilliputhur, the petitioner has already deposited 20% of the compensation amount, ie., a sum of Rs.1,42,000/- before the trial Court, out of the total compensation amount of Rs.7,10,000/- and the petitioner was ready to deposit a further 20% of the remaining compensation amount and accordingly, the case was posted to today (24.11.2025).4.Today, when the matter is being taken up, Mr.K.Gokul, learned Counsel for the Revision Petitioner submits that in compliance with the order dated 03.11.2025, the Revision Petitioner has deposited 20% of the remaining compensation amount ie., Rs.1,13,600/- [Rupees One lack 3/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 2025Thirteen Thousand and Six Hundred only] on 21.11.2025 to the credit of C.C.No.861 of 2019, on the file of the Fast Track Judicial Magistrate Court, Srivilliputhur. A copy of the deposit receipt is produced before this Court and the same is taken on record. The learned Counsel further submits that the Revision Petitioner has shown his bonafide by depositing the amount in compliance with the orders passed by this Court, dated 03.11.2025 and thus prays that the relief of suspension of sentence and bail may be granted, as failure to do so would cause great hardship to the Revision Petitioner. The Revision Petitioner is ready to comply with all conditions imposed by this Court.5. It was further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this criminal revision case will be finally heard and decided. He further submits that there are arguable points in this Revision and the Revision Petitioner has fair chance of success in this Criminal Revision Case. Thus, he prayed for suspension of sentence and be released on bail, till the disposal of this Criminal Revision Petition, as the Revision Petitioner was already granted bail during trial.4/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 20256.Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner has also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the revision petitioner that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The Revision Petitioner undertakes that, in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of revision.7. Per contra, Mr.A.S.Abul Kalam Azad, the learned Government Advocate who appeared for the State assisted this Court in the matter, has vehemently opposed the submissions made by the learned counsel for the Revision Petitioner and submits that the judgments passed by both the Courts are as per law after considering the entire evidence, thus the relief sought by the Revision Petitioner at this stage be refused by this Court. 5/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 20258.Considering the arguments advanced by the learned counsel for the Revision Petitioner and the learned Government Advocate for the State, who assisted this Court, this Court is of the view that the Trial Court has failed to appreciate the evidence on record and the judgment was passed without considering the entire materials place before it and during trial the Revision petitioner was also on bail.9. Further, it is observed that when the accused has been under incarceration for sometime and when there are points in the revision, which favour the accused and has made compliance of the direction passed by this Court, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake if the revision results in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India in the case of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance.10. The Revision Petitioner has raised substantial grounds in the 6/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 2025Revision which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision petitioner is entitled to the relief of suspension of sentence and bail.11. Accordingly, the relief of suspension of sentence and bail is granted to Revision Petitioner viz., C.Athimoolan, S/o.Chellapandi, on the following conditions:(i)The Revision petitioner shall surrender before the Fast Track Judicial Magistrate Court, Srivilliputhur, within three weeks from today and on such surrender, the Revision Petitioner is ordered to be released on bail on his executing personal bond along with two sureties for a sum of Rs.10,000/- each subject to furnishing undertaking that he will co-operate in the hearing of the present Revision.(ii)The Revision petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; and;7/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 2025(i11)The Revision Petitioner shall appear before the Fast Track Judicial Magistrate Court, Srivilliputhur, once in every month, ie., on the first working day, commencing from the month of December 2025, at 10.30 a.m., until further orders.12.On acceptance of his bail bonds and sureties, the learned Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision.13.The respondent is permitted to file an application before the Fast Track Judicial Magistrate Court, Srivilliputhur, for withdrawal of Rs.2,55,600/-, which was already deposited by the petitioner on various occasions, and if any such application is filed by the respondent, the trial Court is directed to disburse the above amount to the respondent within a period of 10 days from the date of filing of such application. 8/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 202514. With the above directions, this Criminal Miscellaneous Petition is ordered.24.11.2025mmTo1.The Judge, Fast Track Judicial Magistrate Court, Srivilliputhur.2.The Principal District and Session Judge, Virudhunagar District at Srivilliputhur. 9/10 https://www.mhc.tn.gov.in/judis CRL.M.P.(MD)No.15944 of 2025SHAMIM AHMED, J. mmCRL.M.P.(MD)No.15944 of 2025inCRL.R.C.(MD)No.1392 of 202524.11.202510/10