R.Venkatesh v. N.Vishwanathan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 16625 OF 2025 in CRL RC No. 1621 of 2025

1. R.Venkatesh S/o. late Ramasamy, No.3/354/A1, Bharathiyar Nagar, Avalapalli Road, Hosur Taluk, Krishnagiri District.

Petitioner(s) Vs

1. N.Vishwanathan, S/o. late Natarajan, No.B-1/9, TNHB colony, Bagalur Road, Hosur, krishnagiri District.

Respondent(s) PRAYER To Suspend the sentence of imprisonment imposed in the judgment made in STC.No. 161/2020 on the file of Judicial magistrate, Fast Track Court, Hosur dated 19.02.2024 and the same was confirmed in the judgment dated 09.07.2025 made in Criminal Appeal No. 82 of 2024 on the file of the

Additional District Judge, Hosur and enlarge the petitioner on bail pending disposal of the abvoe revision petition before this Honorable court. CRL RC No. 1621 of 2025 For Petitioner(s):

M.Mohamed Riyaz G.Nareshkumar C.Balaji Prasanna K.S.Ritika For Respondent:

ORDER

This petition has been filed to Suspend the sentence of imprisonment imposed in the judgment made in STC. No. 161/2020 on the file of Judicial magistrate, Fast Track Court, Hosur dated 19.02.2024 and the same was confirmed in the judgment dated 09.07.2025 made in Criminal Appeal No. 82 of 2024 on the file of the Additional District Judge, Hosur and enlarge the petitioner on bail pending disposal of the above revision petition.

2. The petitioner here accused in STC.No. 161/2020 on the file of Judicial magistrate, Fast Track Court, Hosur. 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 one year and awarded to pay the cheque amount of Rs.8,80,000/-, in default of payment of

compensation, the petitioner shall undergo a simple imprisonment for a period of one month as default sentence. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.82 of 2020 and the learned Additional District Judge, Hosur, by order dated 09.07.2025, 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 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 a sum of Rs.2,00,000/- to the credit of STC.No.161 of 2020 on the file of learned Judicial Magistrate, Fast Track Court, Hosur, within a period of Eight weeks from today. Failing which, the order passed by 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 depositing the amount as stated 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 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.

03-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Judicial magistrate, Fast Track Court, Hosur

T.V.THAMILSELVI J.

CRL MP NO. 16625 OF 2025 in CRL RC No.

03-09-2025