P.Karunakaran v. Dillip Kumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.08.2025
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.15954 of 2025 in P.Karunakaran ....
Petitioner Vs Dilipkumar ....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed on the petitioner on the file of the learned Metropolitan Magistrate, Fast Track Court No.IV George Town, Chennai, judgment dated 04.05.2023 in C.C.No.2065 of 2018 and confirming the sentence and judgment in C.A.No.292 of 2023 dated 16.12.2024 on the file of the learned XVI Additional Sessions Judge, City Civil Court at Chennai and enlarge the petitioner bail pending disposal of the criminal revision petition. For Petitioner : Mr.M.Saravanakumar
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XVI Additional Sessions Judge, City Civil Court, Chennai, in C.A.No.292 of 2023, dated 16.12.2024, confirming the Judgment dated 04.05.2023 passed in C.C.No.2065 of 2018 by the learned Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai, and enlarge the petitioner on bail pending disposal of the above Criminal Revision.
2.
The petitioner herein is the accused in C.C.No.2065 of 2018 on the file of the learned Metropolitan Magistrate, Fast Track Court No.IV George Town, Chennai. He was found guilty of the offence punishable under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo simple imprisonment for a period of three months and awarded to pay the cheque amount of Rs.4,00,000/-, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of three months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in C.A.No.292 of 2023 and the learned XVI Additional Sessions Judge, City Civil Court, Chennai, by order dated 16.12.2024, had dismissed the
above appeal, confirming the judgment and sentence imposed by the trial Court. Aggrieved by the same, the revision has been filed along with the present petition.
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 20% of the cheque amount, apart from the amount, which was already deposited by the petitioner, if any, to the credit of C.C.No.2065 of 2018 on the file of the learned Metropolitan Magistrate, Fast Track Court No.IV George Town, Chennai, within a period of four 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 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;
(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 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.
20.08.2025 (2/2) Index : Yes/No : Yes/No Speaking/non-speaking order Note :- Issue order copy today ie., on 20.08.2025 rts
G.K.ILANTHIRAIYAN, J.
rts To
1. The XVI Additional Sessions Judge, City Civil Court, Chennai
2. The Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai.
3. The Superintendent of Prison, Central Prison, Puzhal.
Crl.M.P.No.15954 of 2025 in Crl.R.C.No.1513 of 2025 20.08.2025 (2/2)