A.Santhosh Abraham v. G.Gopala Krishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-09-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1842 OF 2025 A.Santhosh Abraham S/o. K.P. Abraham, A.H. 30- Shanthi Colony, Anna Nagar, Chennai - 600 040 also having business No.6/32-Jain Nagar 1st Main Road, Arumbakkam, Chennai- 600 106.

Petitioner(s) Vs G.Gopala Krishnan S/o. Ganesan, No.1-Durga Street, Sri Sakthi Nagar, Arumbakkam, Chennai603 106.

Respondent(s) PRAYER: To suspend the sentence passed against the petitioner / accused by the XIX Additional City Civil Court, Chennai, passed judgement on 16.09.2025 by confirming the learned XXV Metropolitan Magistrate, Egmore, Chennai, judgement dated 26.04.2024, passed in STC.No.236 of 2023, pending disposal of the Criminal Revision Petition.

For Petitioner(s):

M/s.A.M.Sheik Mohammed Rafiq

For Respondent:

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence passed against the petitioner / accused by the XIX Additional City Civil Court, Chennai, passed judgement on 16.09.2025 by confirming the learned XXV Metropolitan Magistrate, Egmore, Chennai, judgement dated 26.04.2024, passed in STC.No.236 of 2023, pending disposal of the Criminal Revision Petition.

2. The petitioner herein is the accused in STC.No.236 of 2023 on the file of the learned XXV Metropolitan Magistrate, Egmore, Chennai. He was found guilty of the offence under Sections 138 of Negotiable Instrument Act and the accused is convicted and sentence to undergo three months simple imprisonment under Section 255(2) of Cr.P.C. and directed to pay Rs.5,00,000/- as compensation under Section 357(3) Cr.P.C. in default of payment accused shall undergo 15 days simple imprisonment. Aggrieved by the same, the

petitioner filed an appeal in Crl.A No.381 of 2024, and by order dated 16.09.2025, the learned XIX-Additional City Civil Court, Chennai, dismissed the appeal, thereby confirming the judgment and sentence imposed by the trial Court. Hence, the present revision has been filed. 3.

The learned counsel for the petitioner/accused submitted that he is having a valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He also submitted that the petitioner is ready to abide the condition imposed by this Court.

4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further 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, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), to the credit of STC.NO.236 of 2023, on the file of the XXV Metropolitan Magistrate, Egmore, Chennai, within a period of four weeks from the date of receipt of a copy of this order.

(b) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned XXV-Metropolitan Magistrate, Egmore, Chennai.

(c) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhar Cards or Bank Pass Books to ensure their identities.

(d) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal revision 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.

5.

With the above directions, this Criminal Miscellaneous Petition is ordered.

26-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.The XXV Metropolitan Magistrate, Egmore, Chennai.

2.The XIX Additional City Civil Court, Chennai.

3.The Public Prosecutor, High Court of Madras.

T.V.THAMILSELVI J.

rri CRL MP No. 18134 of IN CRL RC NO. 1842 OF 2025 26-09-2025