B.Sivaganesan Alias Siva Ganapathy v. R.Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.06.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.11525 of 2025 in Crl.R.C.No. 839 of 2025 B.Sivaganesan @ Siva Ganapathy .....
Petitioner Vs R.Kumar .....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438 of Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an order of suspension of sentence of imprisonment imposed on the Petitioner passed in C.C.No.2616 of 2018, Honble VIII Metropolitan Magistrate Court, George Town, Chennai, by judgment dated 27.09.2024, as confirmed in Crl.A.No.804 of 2024 passed by the XXI Additional Session Judge, City Civil Court, Allikulam, Chennai, by order pending disposal of the Criminal revision. For Petitioner : Mr.R.Vijayaraghaven
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the XXI Additional Sessions Judge, City Civil Court, Allikulam, Chennai, in Crl.A.No.804 of 2024, dated 1/6
23.04.2025, confirming the Judgment dated 27.09.2024 passed in C.C.No.2616 of 2018 by the learned VIII Metropolitan Magistrate, George Town, Chennai, and enlarge the petitioner on bail pending disposal of the above Criminal Revision.
2.
The petitioner herein is the accused in C.C.No.2616 of 2018 on the file of the learned VIII Metropolitan Magistrate, George Town, 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 one year and awarded to pay the cheque amount of Rs.2,42,00,000/-, 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.804 of 2024 and the learned XXI Additional Sessions Judge, City Civil Court, Allikulam, Chennai, by order dated 23.04.2025, 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 2/6
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 a sum of Rs.1,00,00,000/- (Rupees one crore only) to the credit of C.C.No.2616 of 2018 on the file of learned VIII Metropolitan Magistrate Court, George Town, Chennai, within a period of four weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled.
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(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 4/6
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.
23.06.2025 (2/3) Index : Yes/No : Yes/No Speaking/non-speaking order Lpp 5/6
G.K.ILANTHIRAIYAN, J.
Lpp To
1. The XXI Additional Sessions Judge, City Civil Court, Chennai.
2. The VIII Metropolitan Magistrate, George Town, Chennai. Crl.M.P.No.11525 of 2025 in 23.06.2025 (2/3) 6/6