V.Dharmalingam v. Reji M.Samuel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1987 OF 2025 V.Dharmalingam S/o.Late Velusamy, D.No.14/6, Sathya Nagar, M.K.pudur Road, Karamadai, Coimbatore-641 104 Petitioner(s) Vs Reji M.Samuel S/o.M.S.Samuel, Q-113, Kovaipudur, Coimbatore-641 042.

Respondent(s) PRAYER To suspend the sentence imposed in the judgment dated 21.06.2025 made in Crl.A.No.105/2022 on the file of III Additional District and Sessions Judge, Coimbatore confirming the conviction imposed in the judgment dated 12.09.2022 made in CC No.512/2018 on the file of the Fast Track Court No.1, Judicial Magistrate, Coimbatore and enlarge the petitioner on bail pending disposal of the above Revision Petition.

For Petitioner(s):

J.Ranjithkumar K.Vasanthanayagan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed in the judgment dated 21.06.2025 made in Crl.A.No.105 of 2022 on the file of III Additional District and Sessions Judge, Coimbatore confirming the conviction imposed in the judgment dated 12.09.2022 made in CC No.512/2018 on the file of the Fast Track Court No.1, Judicial Magistrate, Coimbatore and enlarge the petitioner on bail pending disposal of the above Revision Petition.

2. The petitioner herein is the accused in C.C No.512/2018 on the file of the Fast Track Court No.1, Judicial Magistrate, Coimbatore. He was found guilty of the offence under Sections 138 of Negotiable Instrument Act and convicted under section 255(2) of Cr.P.C. The accused is convicted and sentence to undergo nine months simple imprisonment and the accused is directed to pay a compensation of Rs.15,00,000/- to the complainant, under section 357(3) of Cr.P.C within one month and in default of payment of the compensation, the accused shall undergo a further period of two months simple imprisonment as

default sentence. Aggrieved by the same, the petitioner filed an appeal in Crl.A No.105 of 2022, and by order dated 21.06.2025 the III Additional District & Sessions Judge dismissed the appeal, thereby confirming the judgment and sentence imposed by the trial Court. Hence, the present revision has been filed. 3.

The learned counsel for the petitioner/accused submitted that he is having a valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He also submitted that the petitioner is ready to abide the condition imposed by this Court.

4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further 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, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.3,00,000/- (Rupees three Lakh only), to the credit of C.C No.512/2018 on the file of the Fast Track Court No.1, Judicial Magistrate, Coimbatore, within a period of four weeks from the date of receipt of a copy of this order.

(b) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Fast Track Court No.1, Judicial Magistrate, Coimbatore (c) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhar Cards or Bank Pass Books to ensure their identities.

(d) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal revision 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.

5.

With the above directions, this Criminal Miscellaneous Petition is ordered.

09-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes smn To.

1. The III Additional District and Sessions Judge, Coimbatore

2. Fast Track Court No.1, Judicial Magistrate, Coimbatore

3. The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI, J.

smn CRL MP No. 18788 of IN CRL RC NO. 1987 OF 2025 09-10-2025 2/3