K.V.M.Jeeva v. A.Inigo

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.14319 of 2025 in K.V.M.Jeeva ....

Petitioner Vs A.Inigo ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) r/w 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to suspend the sentence dated 17.04.2025 passed in Crl.A.No.878 of 2024 on the file of the learned XVIII Additional City Civil Court, Chennai confirming the judgment dated 21.10.2024 passed in STC.No.2720 of 2022 by the learned XIX Metropolitan Magistrate Court at Allikulam, Egmore and to enlarge the petitioner on bail pending disposal of this criminal revision petition. For Petitioner : Mr.Karthikeyan for Mr.K.M.Mrithun Jayan 1/6

ORDER

This Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed on the petitioner by judgment dated 17.04.2025 passed in Crl.A.No.878 of 2024 on the file of the learned XVIII Additional City Civil Court, Chennai confirming the judgment dated 21.10.2024 passed in STC.No.2720 of 2022 by the learned XIX Metropolitan Magistrate Court at Allikulam, Egmore and to enlarge the petitioner on bail pending disposal of this criminal revision petition.

2.

The petitioner herein is the accused in STC.No.2720 of 2022 on the file of the learned XIX Metropolitan Magistrate Court at Allikulam, Egmore. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo two years simple imprisonment and to pay compensation of double the cheque amount i.e. Rs.28,00,000/-, in default, to undergo further two months simple imprisonment. Aggrieved by the same, the petitioner had filed the appeal in Crl.A.No.878 of 2024 and the learned XVIII Additional City Civil Court, Chennai by order dated 17.04.2025, 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.

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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 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 the entire cheque amount, 3/6

i.e. Rs.14,00,000/- (Rupees Fourteen Lakhs only), after deducting the amount which was already deposited by the petitioner, if any, to the credit of STC.No.2720 of 2022 on the file of the learned XIX Metropolitan Magistrate Court at Allikulam, Egmore, within a period of four weeks from today, failing which the present order of this Court shall stand automatically cancelled.

(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's depositing the amount as stated in 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 4/6

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 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.

24.07.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order lok G.K.ILANTHIRAIYAN, J.

lok To 1.The learned XVIII Additional City Civil Court, Chennai 5/6

2.The learned XIX Metropolitan Magistrate Court at Allikulam, Egmore Crl.M.P.No.14319 of 2025 in 24.07.2025 (2/2) 6/6