P.Udhayakumar v. N.Rajiv Naidu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN in Crl.R.C.Nos.673 and 671 of 2025 T.Udhayakumar ... Petitioner in Crl.M.P.No.12074 of 2025 Bhuvaneshwari Udhayakumar ... Petitioner in Crl.M.P.No.12075 of 2025 Vs.

N.Raji Naidu ... Respondent in both Petitions PRAYER in Crl.M.P.No.12074 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant interim protection from arrest to the petitioner pending disposal of Crl.M.P.No.11560 of 2025 in Crl.R.C.No.673 of 2025.

PRAYER in Crl.M.P.No.12075 of 2025 : Criminal Miscellaneous Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to grant interim protection from arrest to the petitioner pending disposal of Crl.M.P.No.11561 of 2025 in Crl.R.C.No.671 of 2025.

In Both Petitions

For Petitioners : Mr.S.Sathish Rajan For Respondent : Mr.Vaibhav R.Venkatesh COMMON ORDER Crl.M.P.No.12074 of 2025 in Crl.R.C.No.673 of 2025 has been filed to grant interim protection from arrest to the petitioner pending disposal of Crl.M.P.No.11560 of 2025 in Crl.R.C.No.673 of 2025.

2. Crl.M.P.No.12075 of 2025 in Crl.R.C.No.671 of 2025 has been filed to grant interim protection from arrest to the petitioner pending disposal of Crl.M.P.No.11561 of 2025 in Crl.R.C.No.671 of 2025.

3. The petitioners were convicted for the offence under Section 138 of Negotiable Instruments Act and sentenced them to undergo one year simple imprisonment. The conviction and sentence imposed by the Trial Court was also confirmed by the appellate Court and as such, the petitioners preferred revisions before this Court in Crl.R.C.Nos.671 and 673 of 2025 along with the petitions for suspension of sentence in Crl.M.P.Nos.10381 and 10382 of 2025. This Court, by an order dated 09.06.2025 dismissed the petitions and further directed the

respondent to take appropriate steps as against the petitioners to comply with the order of conviction and sentence imposed by the Trial Court, which was confirmed by the appellate Court.

4. Once again, the petitioners preferred petitions to suspend the sentence in Crl.M.P.No.11560 of 2025 in Crl.R.C.No.673 of 2025 and in Crl.M.P.No.11561 of 2025 in Crl.R.C.No.671 of 2025. Both the petitions were listed before this Court on 19.06.2025 and the same were adjourned to 18.07.2025, at the request of the learned Senior Counsel Mr.G.Karthikeyan.

5. Now, the petitioners have come forward with these petitions seeking interim protection from arrest, pending disposal of the suspension of sentence petitions in Crl.M.P.Nos.11560 and 11561 of 2025. On the one hand, the petitioners have sought an adjournment of the suspension of sentence petitions and on the other hand, they have filed these petitions.

6. It is unfortunate to state that this Court cannot turn a blind eye to the

conduct of the petitioners in repeatedly filing one application after another. That apart, the petitioners are already facing contempt proceedings before this Court in Cont.P.No.3579 of 2025. Further, Non-Bailable Warrant has also been issued by this Court in the contempt petition.

7. Therefore, in order to escape from the clutches of law, the petitioners have filed these petitions as if the suspension of sentence petitions are adjouned by this Court for consideration. Therefore, the petitioners are not entitled for any relief, when the Non-Bailable Warrants are pending against them.

8. Accordingly, these Criminal Miscellaneous Petitions are dismissed.

9. It is made clear that the pendency of suspension of sentence petitions in Crl.M.P.No.11560 of 2025 in Crl.R.C.No.673 of 2025 and in Crl.M.P.No.11561 of 2025 in Crl.R.C.No.671 of 2025 are not an impediment for the respondents to proceed as against the petitioners to comply with the order of conviction and sentence imposed by the Trial Court.

24.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order mn

To

1. XVII Additional City Civil Court, Chennai.

2. The Metropolitan Magistrate, Fast Track Court III, Saidapet, Chennai.

G.K.ILANTHIRAIYAN, J.

mn in Crl.R.C.Nos.673 and 671 of 2025 24.06.2025