K.Chandran v. M.Venugopal
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 18393 OF 2025 IN CRL RC No. 1902 of 2025
1. K.Chandran S/o.Krishna, No.320, 2nd Cross, 6th Street, Mogappair West, 7th Block, Chennai-600 037.
Petitioner(s) Vs
1. M.Venugopal S/o.M.Manickam, No.3, 8th Avenue, Bhanu Nagar, Ambattur, Chennai-600 053.
Respondent(s) PRAYER To suspend the sentence of imprisonment imposed in the judgement dated 29.07.2021 passedin CC.No.02 of 2019 by the Learned Judicial Magistrate, Fast track Court, Magisterial Level, Ambattur confirming the judge conviction imposed in judgement dated 14.07.2023 made in Crl.A.No.05 of 2022 on the file of the III additional district and Sessions Court, Tiruvallur at Poonamallee and enlarage the petitioner on bail
CRL RC No. 1902 of 2025 For Petitioner(s):
R.Thirumoorthy M.Manivannan S.Meiyappan S.Arunkumar S.Sivasekar M.Kishore J.Ganesh For Respondent:
ORDER
This petition has been filed to suspend the sentence of imprisonment imposed in the judgement dated 29.07.2021 passed in CC.No.02 of 2019 by the Learned Judicial Magistrate, Fast track Court, Magisterial Level, Ambattur confirming the judge conviction imposed in judgement dated 14.07.2023 made in Crl.A.No.05 of 2022 on the file of the III additional district and Sessions Court, Tiruvallur at Poonamallee and enlarage the petitioner on bail.
2. The petitioner was accused in CC.No.02 of 2019 on the file of the Learned Judicial Magistrate, Fast track Court, Magisterial Level, Ambattur. He found guilty of offence under Section 138 of NI Act and convicted and sentenced him to undergo Nine Months simple imprisonment and to pay a sum of Rs.3 lakhs towards compensation within two months, in default, to undergo
simple imprisonment for further two months. Aggrieved over the same, the petitioner filed the appeal before the III additional district and Sessions Court, Tiruvallur at Poonamallee in Crl.A.No.05 of 2022, after considering oral and documentary evidence, the appellate Court dismissed the appeal by confirming the conviction imposed by the Trial Court. Aggrieved over the same the petitioner filed this petition to suspend the sentence imposed on the petitioner. 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 a sum of Rs.3,00,000/- to the credit of CC No. 2 of 2019 on the file of learned Judicial Magistrate, Fast Track (Magisterial Level) Ambattur, 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 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, this Criminal Miscellaneous Petition is ordered.
26-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The Judicial Magistrate, Fast Track (Magisterial Level) Ambattur.
2. The Central Prison, Puzhal.
3The Public Prosecutor, High Court, Madras.
T.V.THAMILSELVI J.
pbl CRL MP NO. 18393 OF IN CRL RC No. 1902 of 26-09-2025