K.Biju v. S.Suresh Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.12465 of 2025 in Crl.R.C.No. 928 of 2025 K.Biju ....

Petitioner Vs S.Suresh kumar ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, Act 2023 to suspend the sentence of imprisonment imposed in the judgment dated 03.07.2024 made in C.A.No.182 of 2021 on the file of the learned IV Additional District and Sessions Judge, Coimbatore confirming the conviction imposed in judgment dated 02.11.2018 made in C.C.No.525 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court No.II @ Magisterial Level), Coimbatore District and enlarge the petitioner on bail pending disposal of the above revision petition. For Petitioner : Mr.L.Mouli 1/6

O R D E R

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned IV Additional District and Sessions Judge, Coimbatore confirming the conviction imposed in judgment dated 02.11.2018 made in C.C.No.525 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court No.II @ Magisterial Level), Coimbatore District and enlarge the petitioner on bail pending disposal of the above revision petition.

2.

The petitioner herein is the accused in C.C.No. 525 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court No.II (Magisterial Level), Coimbatore. 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.1,30,000/-, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of three months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.182 of 2021 and the learned IV Additional District and Sessions Judge, Coimbatore, by order dated 03.07.2024, had dismissed the above appeal, 2/6

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 there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive 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, 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:

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(i) the petitioner shall deposit the entire cheque amount, i.e. Rs.1,30,000/- (Rupees One Lakh thirty thousand only), after deducting the amount which was already deposited by the petitioner, if any, to the credit of STC.No.525 of 2017 on the file of learned Judicial Magistrate, FTC No.II @, Magisterial Level, Coimbatore, 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 trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case; (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. (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;

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(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.

30.06.2025 (3/3) Index : Yes/No : Yes/No Speaking/non-speaking order ssd 5/6

G.K.ILANTHIRAIYAN, J.

ssd To

1. The IV Additional District and Sessions Judge, Coimbatore

2. The Judicial Magistrate, Fast Track Court No.II@ Magisterial Level, Coimbatore Crl.M.P.No.12465 of 2025 in 30.06.2025 (3/3) 6/6