S.Partheeban v. A.Ranjana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1772 OF 2025 S.Partheeban S/o.Shanmugam, Proprietor of M/s.Lakshmi Street, No.7, Siva Prakasham Street, Chintadripet, Chennai600 002. Petitioner(s) Vs A.Ranjana W/o.Ashok Kumar, No.22/36, New Bungalow Street, Chintadripet, Chennai-600 002. and another Respondent(s) Prayer: This petition is filed to suspend the sentence imposed on the petitioner/appellant in STC.No. 4928 of 2022 dated 15.07.2024 on the file of the learned Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam, Chennai, as confirmed by the judgment of the learned XVII Additional Sessions Judge, XVII Additional City Civil Court, Chennai in C.A.No. 551 of 2024 dated 07.04.2025 and enlarge the petitioner on bail pending disposal of the above criminal revision case.

For Petitioner(s): S.N. Arunkumar A.Tamilselvan P.Narayana Prasadh For Respondent(s):

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed in S.T.C.No. 4928 of 2022 on the file of the Metropolitan Magistrate, FTC-I, Egmore at Allikulam, Chennai dated 15.07.2024 as confirmed by the judgment made in C.A.No. 551 of 2024 on the 1/6

file of the XVII Additional Sessions Judge, City Civil Court, Chennai, dated 07.04.2025.

2.The petitioner herein is the accused in S.T.CNo. 4928 of 2022 on the file of the Metropolitan Magistrate, FTC-I, Egmore at Allikulam, Chennai. 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 under Section 255(2) of CrPC., and awarded to pay the compensation of Rs.3,50,000/-, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of two months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in C.A.No.551 of 2024 and the XVII Additional Judge, City Civil Court, Chennai, by judgment dated 07.04.2025, 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. 3.

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.1,00,000/- (Rupees One Lakh Only), after deducting the amount which was already deposited by the petitioner, if any, to the credit of S.T.C.No. 4928 of 2022 Metropolitan Magistrate, FTC-I, Egmore at Allikulam, Chennai, within a period of four weeks 3/6

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 4/6

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.

19-09-2025 MSM To

1. The Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam, Chennai.

2. XVII Additional Sessions Judge, XVII Additional City Civil Court, Chennai

3. The Public Prosecutor, High Court, Madras. 5/6

T.V.THAMILSELVI, J.

MSM Crl.M.P.No. 17659 of 2025 in Crl.R.C.No.1772 of 2025 19.09.2025 6/6