Venkatesan v. K.Kaveri

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 21972 OF 2025,CRL MP NO. 21971 OF 2025 in CRL RC No. 2469 of 2025

1. VENKATESAN S/O Varadhan, No.2, 6th Street, EVR Nagammal Nagar, Thirumullaivoyal, Chennai.

Petitioner(s) Vs

1. K.Kaveri D/o. Karuppiah, No.13, 5th Street, EVR Nagammal Nagar, Thirumullaivoyal, Chennai.

Respondent(s) CRL MP No. 21972 of 2025 PRAYER To exempt the petitioner to surrender before the trial court on the judgment dt. 22.09.2021 made in C.C.No. 282/2017 on the file of the Judicial Magistrate , FTC (Magisterial Level) Ambattur confirming the judgment and the quantum of compensation is modified to 10,00,000/- dated 05.04.2025 made in C.A.80/2021 III Additional District and Sessions Judge, Thiruvallur at Poonamallee and thus render justice.

CRL MP No. 21971 of 2025 PRAYER To suspend the sentence imposed in C.C.No. 282/2017 on the file of the Judicial Magistrate , FTC (Magisterial Level) Ambattur dt. 22.09.2021 and the same was confirmed by the appellate court and the quantum of compensation is modified to 10,00,000/- in Crl.A.80/2021 on the file of III Additional District

and Sessions Judge, Thiruvallur at Poonamallee by judgment dt. 05.04.2025, and release him on bail pending disposal of the above Criminal Revision Petition.

For Petitioner(s):

T.Muruganantham S.Ajitha M.Rajkumar M.Praveen V.Vivek For Respondent:

ORDER

These petitions have been filed to suspend the sentence imposed in C.C.No. 282/2017 on the file of the Judicial Magistrate, FTC (Magisterial Level) Ambattur dated 22.09.2021 and the same was confirmed by the appellate court and the quantum of compensation is modified to 10,00,000/- in Crl.A.80/2021 on the file of III Additional District and Sessions Judge, Thiruvallur at Poonamallee by judgment dated 05.04.2025 and exempt the petitioner from surrender before the trial court.

2. The petitioner herein was convicted by the Judicial Magistrate, FTC (Magisterial Level) Ambattur in C.C.No. 282/2017 for the offence under Section 138 of N.I Act and sentenced him to undergo 11 months Simple Imprisonment and directed to pay compensation of Rs. 20,00,000/- to the complainant, in default, to undergo Simple Imprisonment for three months and same was confirmed by the III Additional District and Sessions Judge,

Thiruvallur at Poonamallee in Crl.A.80/2021. Aggrieved over the same, the petitioner filed present Revision along with this Miscellaneous petition.

3. The learned counsel for the petitioner submits that the petitioner has repaid the loan amount to that effect he marked the bank account statement but the same was not properly appreciated by the Trial Court. Hence, 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.1,50,000/- to

before the Trial Court, within a period of four weeks from today and respondent is permitted to with the same. If the petitioner failed to deposit the said amount, 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, CRLMP No. 21971 of 2025 is ordered and CRL MP No. 21972 of 2025 is closed.

20-11-2025 Pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The III Additional District and Sessions Judge, Thiruvallur at Poonamallee

2. The Judicial Magistrate, FTC (Magisterial Level) Ambattur.

T.V.THAMILSELVI J.

pbl CRL MP NO. 21972 OF 2025,CRL MP NO.

21971 OF 2025 in CRL RC No. 2469 of 20-11-2025