D.Shanthi v. S.Manju Priya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.07.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14795 of 2025 in Crl.R.C.No. 1276 of 2025 D.Shanthi W/o. Dharmalingam, Old No.11, New No.10, MGR Nagar Main Road, Kolathur, Chennai - 600 099.
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Petitioner Vs S.Manju Priya W/o. Dhinesh No.9B/4, Chinnakuzhanthai 1st Street, Perambur, Chennai - 600 011.
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Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430 of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence imposed by the learned XX Additional Sessions, City Civil Court, Chennai in C.A.No.83 of 2024 dated 11.09.2024 confirming the order of Metropolitan Magistrate Fast Track Court - II, Egmore @ Allikulam, Chennai - 3, in STC No.7277 of 2022 dated 11.01.2024 pending disposal of the above Criminal Revision and enlarge the petitioner on bail.
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For Petitioner : Mr.P.Sundarrajan
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed by the learned XX Additional Sessions, City Civil Court, Chennai in C.A.No.83 of 2024 dated 11.09.2024 confirming the order of Metropolitan Magistrate, Fast Track Court - II, Egmore @ Allikulam, Chennai - 3, in STC No.7277 of 2022 dated 11.01.2024 pending disposal of the above Criminal Revision and enlarge the petitioner on bail.
2. The petitioner herein is the accused in STC No.7277 of 2022 on the file of the learned Metropolitan Magistrate, Fast Track Court - II, Egmore @ Allikulam, Chennai - 3. She 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 a compensation of Rs.2,00,000/- to the complainant, within a period of two months. Aggrieved by the same, the petitioner had filed an appeal in C.A No.83 of 2024 and the learned XX Additional Sessions Judge, City Civil Court, Chennai, by a judgment dated 11.09.2024 had dismissed 2/6
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 condition that the petitioner shall deposit the entire cheque 3/6
amount, deducting the amount already paid, if any, to the credit of STC No.7277 of 2022 on the file of the learned Metropolitan Magistrate, Fast Track Court - II, Egmore @ Allikulam, Chennai - 3, 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 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 4/6
petition and if she is not able to appear before the trial 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.
31.07.2025 Index : Yes/No : Yes/No Speaking/non-speaking order bkn G.K.ILANTHIRAIYAN, J.
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1. The Metropolitan Magistrate, Fast Track Court - II, Egmore @ Allikulam, Chennai - 3
2. The XX Additional Sessions, City Civil Court, Chennai. Crl.M.P.No.14795 of 2025 in Crl.R.C.No. 1276 of 2025 31.07.2025 6/6