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Madras High CourtCRL RC/1549/2025dismissed

A.Seetharaman v. M.K.Ganesh

2025-09-17Honourable Mrs.Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 16113 OF 2025 in CRL RC No. 1549 of 2025

1. A.Seetharaman S/o.Avaranji, No.12/7, Janaki Ammal Street, West Mambalam, Chennai - 600 033.

Petitioner(s) Vs

1. M.K.Ganesh S/o.M.Kannan, No.18/12, Canara Bank Colony, Saligramam, Chennai - 600 093.

Respondent(s) CRL MP No. 16113 of 2025

1. A.Seetharaman S/o.Avaranji, No.12/7, Janaki Ammal Street, West Mambalam, Chennai - 600 033.

Petitioner(s)

Vs

1. M.K.Ganesh S/o.M.Kannan, No.18/12, Canara Bank Colony, Saligramam, Chennai - 600 093.

Respondent(s) PRAYER:

To call for the entire records in C.A.No.314 of 2023 allow the Criminal Revision Petition and set aside the Judgment and conviction imposed in C.A.No.314 of 2023 on the file of learned XVII Additional District and Sessions Judge, Chennai, dated 02.08.2025 confirming the Judgement delivered in C.C.No.4605 of 2016 on the file of Learned Metropolitan Magistrate, Fast Track Court -I, Allikulam, Chennai dated on 09.05.2023 and to allow the Criminal Revision Filed by the Petitioner, may pass necessary order or orders which may deem fit and proper and thus render Justice. CRL MP No. 16113 of 2025 PRAYER To suspend the sentence in C.A.No.314 of 2023 on the file of learned XVII Additional District and Sessions Judge, Chennai dated 02.08.2025 confirmed the judgement in C.C.No.4605 of 2016 on the file of learned Metropolitan Magistrate, Fast Track Court - I, Allikulam, Chennai and enlarge the petitioner on bail till the disposal of Criminal Revision Petition before this Honble Court. For Petitioner(s):

M.Murali S.K.Sivasubramaniam

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XVII Additional District and Sessions Judge, Chennai, in C.A.No.314 of 2023 dated 02.08.2025, and enlarge the petitioner on bail pending disposal of the above appeal. 2.The petitioner, who is an accused in C.C.No.4605 of 2016, was convicted and sentenced by the learned Metropolitan Magistrate, Fast Track Court - I, Allikulam, Chennai, vide Judgment dated 09.05.2023. Aggrieved by the same, the petitioner had filed appeal in C.A.No.314 of 2023 and the learned XVII Additional District and Sessions Judge, Chennai, by order dated 02.08.2025, had dismissed the appeal and confirmed the conviction and sentence, against which the present revision has been filed. 3.Heard the learned counsel for the petitioner and perused the material available on record.

4.Considering the submissions made by the learned counsel for the petitioner, this Court finds no prima facie case to suspend the sentence imposed on the petitioner, since the petitioner had committed very serious offence and he filed an Insolvency Petition. Therefore, this Court is not inclined to suspend the sentence imposed by the Courts below.

Accordingly, these Criminal Miscellaneous Petition is dismissed. The Trial Court is directed to secure the petitioner, in order to comply with the conviction and sentence imposed by the Trial Court, which was also confirmed by the Appellate Court.

17-09-2025 mps Index:Yes/No Speaking/Non-speaking order Internet:Yes

To : 1.The XVII Additional District and Sessions Judge, Chennai.

2.The Metropolitan Magistrate, Fast Track Court -I, Allikulam, Chennai.

T.V.THAMILSELVI J.

mps CRL MP NO. 16113 OF 2025 in CRL RC No. 1549 of 2025 17-09-2025