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Madras High CourtCRL MP/15516/2025dismissed

R.Arun Pandian v. R.Deepak Vikrananth,

2025-08-13Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.08.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.15516 of 2025 in Crl.R.C.No. 1425 of 2025 R.Arun Pandian ....

Petitioner Vs R.Deepak Vikrananth ....

Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438 (1) of BNSS Act, 2023, to suspend the sentence imposed on the petitioner by the learned II Additional District and Sessions Judge, Poonamallee, by a judgment dated in 06.06.2025 passed in Crl.A.No.172 of 2023 confirming the judgment dated 12.07.2023 passed in C.C No.336 of 2017 by the Metripolian Magistrate, Fast Track Court, Ambattur and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Petition.

For Petitioner : Mr.A.Vijayakannan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned II Additional District and Sessions Judge, Poonamallee, confirming the judgment dated 12.07.2023 passed in C.C No.336 of 2017 by the learned Metropolitan Magistrate, Fast Track Court, Ambattur, and enlarge the petitioner on bail pending disposal of the above Criminal Revision.

2.

The petitioner herein is the accused in C.C No.336 of 2017 on the file of the learned Metropolitan Magistrate, Fast Track Court, Ambattur. 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 six months and to pay a compensation of Rs.13,00,000/- to the complainant with interest at 6% per annum from the date of complaint till the date of judgment under Section 357(3) Cr.P.C., in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of one months as default sentence. Aggrieved by the same, the petitioner had

filed an appeal in Crl.A No.172 of 2023 and the learned II Additional District and Sessions Judge, Poonamallee, by a judgment dated 06.06.2025, 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.

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 are 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 amount, i.e. Rs.13,00,000/- (Rupees thirteen lakhs only) after deducting the amount which was already deposited by the petitioner, if any, to the credit of C.C No.336 of 2017 on the file of the learned Metropolitan Magistrate, Fast Track Court at Ambatur, 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 on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision 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.

11.08.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order uma

G.K.ILANTHIRAIYAN, J.

uma To 1.The II Additional District and Sessions Judge, Poonamallee,

2. The Metropolitan Magistrate, Fast Track Court, Ambattur Crl.M.P.No.15516 of 2025 in 13.08.2025 (2/2)