Sri Thenandal Films v. Narendra Harlalka Huf
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 17587 of 2025 IN CRL RC NO. 1751 OF 2025 Sri Thenandal Films Rep by its Authorised Signatory, Mr. N.
Ramasamy,Male 49 years, Authorised signatory of Sri Thendral Films, Son of Mr. R.M. Narayanan, No.14/19, Saraswathi Street, Mahalingapuram, Chennai-34. and another Petitioner(s) Vs Narendra Harlalka Huf Rep by its Karta, Mr. Narendra Harlalka, Son of Late Devkinandhan Harlakka, Harlalka, Triveni House, No.6A Govindan Street, Aminijikarai, Chennai600029. Respondent(s) Prayer: This petition is filed seeking to suspend the sentence of imprisonment dated 01.07.2025 passed in Crl.A.No. 48 of 2024 on the file of VI Additional Judge, City Civil Court, Chennai, confirming the order dated 03.01.2024 passed in STC.No. 5113 of 2022 by the learned Metropolitan Magistrate Court, Fast Track Court-II, Egmore, at Allikulam, Chennai. For Petitioner(s): Mr.S. Karthikei Balan For Respondent(s): Mr.Santhanakumar 1/7
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence passed in Crl.A.No. 48 of 2024 on the file of VI Additional Judge, City Civil Court, Chennai, confirming the order dated 03.01.2024 passed in STC.No. 5113 of 2022 by the learned Metropolitan Magistrate, FTC-II, Egmore at Allikulam, Chennai, dated 01.07.2025 confirming the order dated 03.01.2024 passed in STC.No. 5113 of 2022 by the learned Metropolitan Magistrate Court, Fast Track Court-II, Egmore, at Allikulam, Chennai.
2.The petitioner herein is the accused in S.T.C.No.5113 of 2022 on the file of the Metropolitan Magistrate, FTC-II, Egmore at Allikulam, Chennai. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act, and he has been convicted and sentenced to undergo simple imprisonment for a period of six months and awarded to pay the compensation of Rs.50,00,000/- to the complainant as contemplated under Section 357 of CrPC., r/w 138 and 141(1) of NI Act within a period of 30 days in default of payment of compensation, the petitioner shall undergo a further period of two months simple imprisonment as default sentence. Aggrieved by the same, the 2/7
petitioner had preferred an appeal in Crl.A.No. 48 of 2024 on the file of VI Additional Judge, City Civil Court, Chennai, by judgment dated 03.01.2024, had dismissed the above appeal by confirming the judgment and sentence imposed by the Trial Court. Aggrieved by the same, the present revision has been filed.
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 3/7
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.5,00,000/- (Rupees five lakhs only), after deducting the amount which was already deposited by the petitioner, if any, to the credit of STC.No. 5113 of 2022 by the learned Metropolitan Magistrate Court, Fast Track Court-II, Egmore, at Allikulam, Chennai, within a period of three 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. 4/7
(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.
19.09.2025 MSM 5/7
To 1.The VI Additional Judge, City Civil Court, Chennai. 2.The Metropolitan Magistrate Court, Fast Track Court-II, Egmore, at Allikulam, Chennai.
3.The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI, J.
MSM CRL MP NO. 17587 of 2025 IN CRL RC NO. 1751 OF 2025 19.09.2025 7/7