G.Suresh v. M.Aravind Bagrecha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1964 OF 2025 G.Suresh S/o.G.Gnana Muthu, No.88-B, Thangal Errikarai Road, Virugambakkam, Chennai-600 092.

Petitioner(s) Vs M.Aravind Bagrecha S/o.Madanlal Bagrecha, No.153, Vellalar Street, Pursawalkam, Chennai600 084. Respondent(s) Prayer:

To suspend the sentence imposed of the petitioner/petitioner/appellant/accused awarded in CC No.350/2017 on the file of Metropolitan Magistrate, Fast Track Court at Magistriat-IV, George Town, Chennai, the same conformed in C.A.No.698/2023 on the file of the XIX Additional City Civil Court, Chennai pending disposal of the above Crl.R.C.No.1964/2025.

For Petitioner(s):

Ramesh Kumar Chopra Kumarpal R Chopra Pranav Jain

Chiron Singhi P.Yashwanth Hemant Bohra

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed of the petitioner/petitioner/appellant/accused awarded in CC No.350/2017 on the file of Metropolitan Magistrate, Fast Track Court at Magistrate-IV, George Town, Chennai, the same confirmed in C.A.No.698/2023 on the file of the XIX Additional City Civil Court, Chennai pending disposal of the above Crl.R.C.No.1964/2025.

2. The petitioner herein is the accused in CC No.350/2017 on the file of Metropolitan Magistrate, Fast Track Court at Magistrate-IV, George Town, Chennai. He was found guilty of the offence under Section 255(2) of Cr.P.C for the offence under Section 138 of Negotiable Instruments Act, 1881 and the accused is convicted and sentenced to undergo simple imprisonment of three months and the accused hereby sentenced to pay a fine of Rs.6,70,000/- which

is ordered to be paid to the complainant u/2 357 (1) of Cr.P.C as compensation, in default the accused has to undergo a further period of three months simple imprisonment, against which, the present appeal has been filed. 3.

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit 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 appeal 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

appeal, 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.50,000/- (Rupees fifty thousand only), to the credit of C.C No.350/2017 on the file of Metropolitan Magistrate, Fast Track Court at Magistrate-IV, George Town, Chennai, without prejudice his defence, within a period of three 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, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the Metropolitan Magistrate, Fast Track Court at Magistrate-IV, George Town, 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 Aadhaar Cards or Bank Pass Books to ensure their identities.

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

09-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Metropolitan Magistrate, Fast Track Court at Magistrate-IV, George Town, Chennai

2. The XIX Additional City Civil Court, Chennai

3. The Public Prosecutor, High Court of Madras,

T.V.THAMILSELVI, J.

smn CRL MP No. 18674 of IN CRL RC NO. 1964 OF 2025 09.10.2025 2/3