M/S.Yem Aar Glazing Point, v. M/S. Sapphire Corporation
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.09.2025
CORAM:
THE HON'BLE MRS JUSTICE T.V.THAMILSELVI Crl.M.P.No.16737 of 2025 in Crl.R.C.No. 65 of 2025 1.M/S.Yem Aar Glazing Point, Prop Mr.R.Manikandan, No.30, Fathima Towers, Madurai Road, Palakarai, Trichy, Tamil Nadu 2.R.Manikandan ....
Petitioners Vs M/S. Sapphire Corporation Rep By Its Partner, Mr.M.N.Muhammad Abdul Kader, Sapphire Square, Old Door No.44-45, New No.88 Adn 89 Perambur Barracks Road, Purasaivakam, Chennai 600 007.
....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment was awarded in the judgment dated 28.10.2024 in 1/4
Crl.A.No.40/2024 on the file of the XVIII Additional City Civil Judge at Chennai in C.C.No.1789/2016 on the file of the Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam at Chennai and enlarge on bail. For Petitioners : Mr.G.Nirmal Krishnan For Respondent : No appearance
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioners/A1 & A2 by judgment dated 08.01.2019 passed by the Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam, Chennai and confirmed by judgment dated 28.10.2024 in Crl.A.No.40 of 2024 by the XVIII Additional City Civil Judge, Chennai, pending disposal of the Criminal Revision Case.
2. The learned counsel appearing for the petitioner submitted that the petitioner is suffering from kidney disease and therefore, is unable to appear before the trial Court and also to deposit the amount as directed by this Court while granting suspension of sentence. Consequently, the trial Court issued a Non-Bailable Warrant against the 2nd petitioner. Hence, the petitioner prays for suspension of sentence.
3. Heard the learned counsel on either side and perused the materials 2/4
on record.
4. The substantive sentence of imprisonment imposed on the 2nd petitioner by this Court is hereby suspended till 15.10.2025, subject to compliance with the conditions already imposed by this Court in its earlier order dated 12.01.2025.
5. Considering the submissions made by the learned counsel for the petitioner, the Non-Bailable Warrant issued by the trial Court against the 2nd petitioner for non appearance is hereby recalled. The respondent police are directed not to take any coercive action against the 2nd petitioner till 15.10.2025.
6. In the result, this Criminal Miscellaneous Petition is ordered accordingly.
08.09.2025 (2/2) : Yes/No Speaking/non-speaking order rpl 3/4
T.V.THAMILSELVI , J.
rpl To 1.The XVIII Additional City Civil Judge, Chennai. 2.The Metropolitan Magistrate, Fast Track Court-I, Egmore at Allikulam, Chennai Crl.M.P.No.16737 of 2025 in Crl.R.C.No.65 of 2025 08.09.2025 4/4