T.Balasubramani v. C.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10671 of 2025 in Crl.R.C.No.714 of 2025 T.Balasubramani ... Petitioner Vs C.Rajendran ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 430 of BNSS, 2023, to suspend the sentence imposed on him in Crl.A.No.683 of 2023 on the file of the Hon'ble I Additional Judge at City Civil Court Chennai, dated 21.03.2025 by confirming the judgment dated 13.10.2023 in STC.No.204 of 2022 on the file of Hon'ble Metropolitan Magistrate, FTC-I, Egmore, Chennai, pending disposal of Criminal Revision and enlarge the petitioner on bail. For Petitioner : Mr.S.Lokesh

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed on him in Crl.A.No.683 of 2023 on the file of the I Additional Judge at City Civil Court Chennai, dated 21.03.2025 by confirming the judgment dated 13.10.2023 in STC.No.204 of 2022 on the file of Metropolitan Magistrate, FTC-I, Egmore, Chennai.

2. The petitioner herein is the accused in S.T.C.No.204 of 2022 on the file of the learned Metropolitan Magistrate, FTC-I, Egmore, Chennai. He was found guilty for 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 one year and awarded to pay compensation to the tune of the cheque amount, in default, the petitioner shall undergo a simple imprisonment for a period of three months. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.683 of 2023 and the learned I Additional Judge at City Civil Court Chennai, by order dated 21.03.2025, 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 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, after deducting the amount which was already deposited by the petitioner, if any, to the credit of STC.No.204 of 2022 on the file of learned Metropolitan Magistrate, FTC-I, Egmore, Chennai, 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.

6. With the above directions, this Criminal Miscellaneous Petition is ordered.

12.06.2025 (2/6) Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The I Additional Judge at City Civil Court, Chennai.

2. The Metropolitan Magistrate, FTC-I, Egmore, Chennai.

3. The Public Prosecutor, High Court, Madras.

Crl.M.P.No.10671 of 2025 in Crl.R.C.No.714 of 2025 12.06.2025