V.Saravanan v. Sree Gokulam Chit And Finance Company (P) Ltd.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-09-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 18350 & 18351 of 2025 IN CRL RC NO. 1886 OF 2025 V.Saravanan S/o. Veerapatran, Proprietor Pattu Leathers No.6, Bhavani Main Road, B.P. Agraharam, Erode-638005.
Petitioner(s) Vs Sree Gokulam Chit and Finance Company (P) Ltd.
Represented By Its Erode Branch Deputy Manager, G. Raja, Having Its Office At 1421, Mettur Road, Erode-3.
Respondent(s) For Petitioner(s):
M.Guruprasad C. Ramaraj S. Arunprasath N.S. Balaji V. Kopika For Respondent:
ORDER
This petition has been filed to suspend the sentence imposed on the revision petitioner in S.T.C. No.4603 of 2015 in an order dated 19.11.2018 by Learned Judicial Magistrate, Fast Track Court No.II, Erode being confirmed in C.A. No.395 of 2018 on the file of the I Additional Sessions Judge, Erode and enlarge the revision petitioner on bail pending disposal of the revision and to exempt the petitioner from surrendering before I Additional Sessions Judge, Erode, pending disposal of the said Criminal Revision. 2.
The petitioner herein is the accused in STC No. 4603 of 2015 on the file of the learned Judicial Magistrate, Fast Track Court No.II, Erode. 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 one year and awarded compensation of Rs.41,82,714/- within one month. Aggrieved by the same, the petitioner had filed an appeal in C.A. No.395 of 2018 on the file of the I Additional Sessions
Judge, Erode had dismissed the above appeal, 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 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 petitioners shall deposit a sum of Rs.15,00,000/- to the credit of STC No. 46 of 2015 on the file of the learned Judicial Magistrate, Fast Track Court No.II, Erode, within a period of 8 weeks from the date of receipt of a copy of this order. 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 petitioners 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 petitioners 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 Crl MP. No. 18350 of 2025 is ordered and CrlMP. No. 18351 of 2025 is closed. 26-09-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Judicial Magistrate, Fast Track Court No.II, Erode. 2.The I Additional Sessions Judge, Erode.
T.V.THAMILSELVI J.
pbl CRL MP No. 18350 & 18351 of 2025 IN CRL RC NO. 1886 OF 2025 26-09-2025