N.Arul Mohan v. R.Siva Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.13486 of 2025 in Crl.R.C.No. 772 of 2025 N.Arul Mohan S/o. Nagarajan 123, 9th Cross street, Prakash nager, Thirninnavur, Thiruvallur - 602 024.
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Petitioner Vs R.Siva Raja S/o. Ramasamy, No.13, Palam Road, Pallipalayam, Erode - 6.
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Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence confirmed in Cr.A.No.6 of 2020 dated 12.12.2024 on the file of the I Additional Judge, Erode imposed in S.T.C.No.241 of 2019 dated 06.12.2019 on the file of the Judicial Magistrate Fast Track Court No.I Erode and enlarge him on bail pending disposal of Criminal Revision Petition.
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For Petitioner : Ms.S.Sharmila
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence confirmed in Cr.A.No.6 of 2020 dated 12.12.2024 on the file of the I Additional Judge, Erode imposed in S.T.C.No.241 of 2019 dated 06.12.2019 on the file of the Judicial Magistrate Fast Track Court No.I Erode and enlarge the petitioner on bail pending disposal of Criminal Revision Petition.
2.
The petitioner herein is the accused in S.T.C.No.241 of 2019 dated 06.12.2019 on the file of the Judicial Magistrate Fast Track Court No.I Erode. 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 three months and to pay a compensation of Rs.1,50,000/- to the complainant, 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 Criminal Appeal No.6 of 2020 and the learned I Additional Judge, Erode, by a judgment dated 12.12.2024 dismissed the above appeal confirming the 2/6
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 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.1,50,000/- (Rupees One Lakh Fifty Thousand only) to the credit of S.T.C.No.241 of 2019 on the file of the Judicial Magistrate Fast Track Court No.I, Erode within a period of 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 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 Court 4/6
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.
10.07.2025 bkn 5/6
G.K.ILANTHIRAIYAN, J.
bkn To
1. The I Additional Judge, Erode.
2. The Judicial Magistrate Fast Track Court No.I Erode Crl.M.P.No.13486 of 2025 in Crl.R.C.No. 772 of 2025 10.07.2025 (2/2) 6/6