D.Karunanidhi v. G.Shivaji
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.06.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.10428 of 2025 in Crl.R.C.No. 685 of 2025 D.Karunanidhi ...
Petitioner Vs G.Shivaji ...
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed on the petitioner in the judgment dated 13.02.2025 made in C.A.No.27 of 2024 on the file of the Ld. Additional District and Sessions Court, Dharmapuri confirming the judgment dated 05.04.2024 made in STC No.27 of 2020 on the file of the Ld. Judicial Magistrate-Fast Track Court, Dharmapuri and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition.
For Petitioner : Mr.N.Manokaran 1/6
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Additional District and Sessions Court, Dharmapuri, confirming the Judgment dated 05.04.2024 passed in S.T.C.No.27 of 2020 by the learned Judicial Magistrate-Fast Track Court, Dharmapuri and enlarge the petitioner on bail pending disposal of the above Criminal appeal. 2.
The petitioner herein is the accused in S.T.C.No.27 of 2020 on the file of the learned Judicial Magistrate-Fast Track Court, Dharmapuri. 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 one year and to pay a compensation of Rs.10,00,000/- to the complainant under Section 357(3) Cr.P.C r/w 138 of Negotiable Instruments Act, within a period of two months, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of six months as default sentence. Aggrieved by the same, the petitioner had filed appeal in C.A No.27 of 2024 and the learned Additional District and Sessions Judge, Dharmapuri, by order dated 2/6
13.02.2025 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 disposal of the above Criminal Revision:
(i) The petitioner is ordered to be enlarged on bail, on 3/6
condition that the petitioner shall deposit the entire cheque amount, i.e., Rs.10,00,000/- to the credit of STC.No.27 of 2020 on the file of learned Judicial Magistrate-Fast Track Court, Dharmapuri, within a period of four weeks from today (i.e.09.06.2025) (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;
(v) The petitioner shall appear before the Trial 4/6
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.
09.06.2025 (2/3) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp 5/6
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The Additional District and Sessions Court, Dharmapuri
2. The Judicial Magistrate, Fast Track Court, Dharmapuri. Crl.M.P.No.10428 of 2025 in 09.06.2025 (2/3) 6/6