S.Mavallaban v. Sivagami

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.7459 of 2025 in Crl.R.C.No.528 of 2025 S.Mavallaban ....

Petitioner Vs Sivagami ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed on the petitioner as per against the order passed by the Principal Sessions Judge, Puducherry, made in C.A.No.09 of 2024 dated 10.03.2025 whereby confirmed the order passed by the Judicial Magistrate-III, Puducherry in S.T.C.No.1062 of 2014 dated 16.11.2023 pending disposal of the above Criminal Revision Petition.

For Petitioner : Ms.V.Kayalvizhi For Respondent : Mr.B.Balavijayan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Principal

Sessions Judge, Puducherry, made in C.A.No.09 of 2024 dated 10.03.2025, confirming the order dated 16.11.2023, passed by the learned Judicial Magistrate-III, Puducherry in S.T.C.No.1062 of 2014, and enlarge the petitioner on bail pending disposal of the above Criminal Revision. 2.

The petitioner herein is the accused in S.T.C.No.1062 of 2014 on the file of the learned Judicial Magistrate-III, Puducherry. 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 cheque amount of Rs.10,00,000/-, 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.09 of 2024 and the learned Principal Sessions Judge, Puducherry, by order dated 10.03.2025, dismissed the above appeal, confirming the judgment and sentence imposed by the trial Court. Aggrieved by the same, the petitioner filed the revision along with the present petition.

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:

(i) the petitioner shall deposit the entire cheque amount, i.e. Rs.10,00,000/- (Rupees ten lakhs only), after deducting the amount which was already deposited by the petitioner, if any, to the credit of S.T.C.No.1062 of 2014 on the file of the learned Judicial Magistrate-III, Puducherry, 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;

(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.

29.07.2025 (2/3) Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Principal Sessions Judge, Puducherry

2. The Judicial Magistrate-III, Puducherry Crl.M.P.No.7459 of 2025 in Crl.R.C.No.528 of 2025 29.07.2025 (2/3)