Selvarani v. Shanthamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.12343 of 2025 in Crl.RC.No.906 of 2025 Selvarani

...Petitioner

Vs.

Shanthamani ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS, 2023, praying to suspend the sentence imposed on the petitioner by the judgment dated 19.10.2023 passed in CC.No.940 of 2019 on the file of the Judicial Magistrate Court No.6, Coimbatore as confirmed by the judgment dated 05.03.2025 passed in Crl.A.No.376 of 2023 on the file of the IV Additional District & Sessions Court, Coimbatore pending disposal of the above criminal revision case.

For Petitioner : Mr.K.Govi Ganesan

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner by the judgment dated 19.10.2023 passed in CC.No.940 of 2019 on the file of the Judicial 1/6

Magistrate Court No.6, Coimbatore as confirmed by the judgment dated 05.03.2025 passed in Crl.A.No.376 of 2023 on the file of the IV Additional District & Sessions Court, Coimbatore pending disposal of the above criminal revision case.

2.

The petitioner herein is the accused in CC.No.940 of 2019 on the file of the Judicial Magistrate Court No.6, Coimbatore. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and she has been convicted and sentenced to undergo simple imprisonment for a period of six months and to pay compensation of Rs.4,00,000/-, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of one month. Aggrieved by the same, the petitioner had filed appeal in Crl.A.No.376 of 2023. However, the learned IV Additional District & Sessions Court, Coimbatore, by order dated 05.03.2025, confirmed the judgment of the trial court, against which criminal revision has been filed along with the present petition. 3.

The learned counsel for the petitioner/accused would submit 2/6

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.3,00,000/- (Rupees Three Lakhs only) after deducting the amount which was already deposited by the petitioner, if any, to the credit of CC.No.940 of 2019 on the file of the Judicial Magistrate Court No.6, Coimbatore, within a period of 3/6

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 her 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 she is not able to appear before the trial 4/6

Court on any day, she 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.

27.06.2025 (2/3) Index : Yes/No : Yes/No Speaking/non-speaking order lok 5/6

G.K.ILANTHIRAIYAN, J.

lok To 1.The Judicial Magistrate Court No.6, Coimbatore 2.The IV Additional District & Sessions Court, Coimbatore Crl.M.P.No.12343 of 2025 in Crl.RC.No.906 of 2025 27.06.2025 (2/3) 6/6