G.A.Raza v. Kanchana
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.935 of 2025 in Crl.R.C.No.107 of 2025 G.A.Raza ....
Petitioner Vs Kanchana ....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 389 (1) & (2) of Cr.P.C, to suspend the sentence imposed on the petitioner by a judgment dated 10.09.2024 made in Crl.A.No.255 of 2023 on the file of XX Additional District and Sessions Judge, Chennai, confirming the the conviction and sentence passed by the learned Metropolitan Magistrate, (Fast Track Court II), Egmore at Allikulam in Chennai on 13.04.2023 in C.C.No.946 of 2020 pending disposal of the Criminal Revision Petition. For Petitioner : Mr.T.V.Vineeth Kumar For Respondent : Mr.T.G.Gowrisankar
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioners, seeking suspension of sentence imposed by the learned XX Additional District and Sessions Judge, Chennai, confirming the judgment dated 13.04.2023 passed in C.C No.946 of 2020 by the Metropolitan Magistrate, (Fast Track Court II), Egmore at Allikulam in Chennai and enlarge the petitioner on bail pending disposal of the above Criminal Revision.
2.
The petitioner herein is the accused in C.C No.946 of 2020 on the file of the learned Metropolitan Magistrate, (Fast Track Court II), Egmore at Allikulam in Chennai. 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 to pay a compensation of Rs.40,00,000/- to the complainant under Section 357(3) Cr.P.C., in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of two months as default sentence. Aggrieved by the same, the petitioner had filed appeal in Crl.A No.255 of 2023 and the learned XX
Additional District and Sessions Judge, Chennai, by a judgment dated 10.09.2024, had dismissed the above appeal 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 the condition imposed by this Court. 4.
Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.
5. Considering the fact that the petitioner has raised substantial grounds in the above revision, which requires consideration, this Court is inclined to grant suspension of sentence, on the following conditions, till the disposal of the above Criminal Revision:
(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit the entire cheque amount, i.e. Rs.40,00,000/- (Rupees forty lakhs only) after deducting the amount which was already deposited by the petitioner, if any, to the credit of C.C No.946 of 2020 on the file of the learned Metropolitan Magistrate, (Fast Track Court II), Egmore at Allikulam in Chennai, within a period of four weeks from today.
(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) Thereafter, the sentence of imprisonment alone, imposed on the petitioner/accused shall be suspended, on his executing a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;
(iv) 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;
(v) 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 her absence, as directed by the trial Court;
(vi) 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.
6. With the above directions, this Criminal Miscellaneous Petition is ordered.
05.08.2025 (2/4) Index : Yes/No : Yes/No Speaking/non-speaking order uma
G.K.ILANTHIRAIYAN, J.
uma To
1. The XX Additional District and Sessions Judge, Chennai,
2. The Metropolitan Magistrate, (Fast Track Court II), Egmore at Allikulam in Chennai Crl.M.P.No.935 of 2025 Crl.R.C.No.107 of 2025 05.08.2025 (2/4)