M/S.Sri Jai Maruthi Transport v. Kavi Bharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10248 of 2025 in Crl.R.C.No. 635 of 2025 M/s.Sri Jai Maruthi Transport, Rep. by its Proprietor Mr.Sethuraman, M/aged 46 years, No.196 - Sundaram Pillai Nagar, 1st Main Street, Tondiarpet, Chennai - 600 081.

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Petitioner Vs Kavi Bharathi S/o. Munusamy, No.63, Illaya Street, Old Washermenpet, Chennai - 600 021.

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Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed in C.C.No.944 of 2017 on the file of the Metropolitan magistrate, Fast Track Court at Magisterial Level - IV, George Town, Chennai dated 08.08.2022 confirmed by the judgment made in C.A.No.95 of 2023 on the file of the XIX Additional City Civil Court, 1/6

Chennai dated 24.01.2025 pending disposal of Criminal Revision Petition and enlarge the petitioner on bail.

For Petitioner : Mr.A.J.Mohamed Kassim

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed in C.C.No.944 of 2017 on the file of the Metropolitan magistrate, Fast Track Court at Magisterial Level - IV, George Town, Chennai dated 08.08.2022 confirmed by the judgment made in C.A.No.95 of 2023 on the file of the XIX Additional City Civil Court, Chennai dated 24.01.2025 pending disposal of Criminal Revision Petition and enlarge the petitioner on bail.

2. The petitioner herein is the accused in C.C.No.944 of 2017 on the file of the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level - IV, 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 four months and to pay a compensation of Rs.3,00,000/- to the complainant under Section 357(3) Cr.P.C r/w 138 of Negotiable Instruments Act, within a period of one 2/6

months. Aggrieved by the same, the petitioner had filed appeal in C.A No.95 of 2023 and the learned XIX Additional City Civil Court, Chennai, by the judgment and decree dated 24.01.2025 had dismissed the above appeal. 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 3/6

disposal of the above Criminal Revision:

(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit the cheque amount of Rs.3,00,000/- to the credit of C.C.No.944 of 2017 on the file of the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level - IV, Chennai, within a period of four weeks from today (i.e.10.06.2025) (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; 4/6

(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 his 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.

10.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn G.K.ILANTHIRAIYAN, J.

bkn To 5/6

1. The Metropolitan magistrate, Fast Track Court at Magisterial Level - IV, George Town, Chennai.

2. The Judge, XIX Additional City Civil Court, Chennai. Crl.M.P.No.10248 of 2025 in Crl.R.C.No. 635 of 2025 10.06.2025 6/6