G.Simon v. M.Aravind Bagrecha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1991 OF 2025 G.Simon S/o. G. Gnana Muthu, No.88-B, Thangal Errikarai Road, Virugambakkam chennai-600092.

Petitioner(s) Vs M.Aravind Bagrecha S/o. Madanlal Bagrecha, No.153, Vellalar Street, Pursawalkam, Chennai600084.

Respondent(s) PRAYER To suspend the sentence of the petitioner/Petitioner/Appellant/Accused awarded in CC.No.1325 of 2017 on the file of the MM, FTC-IV, Geroge Town, Chennai the same confirmed in Crl.A.No.700 of 2023 on the file of the XIX Additional Sessions Judge, City Civil Court, Chennai pending disposal of the above Crl.R.C.No.1991 of 2025.

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For Petitioner(s):

Mr.Ramesh Kumar Chopra For Respondent:

Dr.C.E.Pratap, Govt. Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XIX Addl. City Civil Court, Chennai in Crl.A.No.700 of 2023, dated 26.08.2025, confirming the Judgment dated 24.07.2023 passed in C.C.No.1325 of 2017 by the learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-IV, George Town, Chennai and enlarge the petitioner on bail pending disposal of the above Criminal Revision.

2.

The petitioner herein is the accused in C.C No. 1325 of 2017 on the file of the learned learned Metropolitan Magistrate, Fast Track Court at Magisterial Level-IV, George Town, 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 three months and awarded to pay the compensation of Rs.9,60,000/-, in default, to undergo simple imprisonment for the period of three months. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.700 of 2023 before the learned XIX Addl. City Civil Court, Chennai, by an order dated 26.08.2025, had 2/7

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:

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(i) 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; (ii) 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; (iii) 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.

10-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp 4/7

To

1. XIX Addl. City Civil Court, Chennai.

2. Metropolitan Magistrate, Fast Track Court at Magisterial Level-IV, George Town, Chennai 5/7

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T.V.THAMILSELVI J.

rpp CRL MP No. 18831 of IN CRL RC NO. 1991 OF 2025 10-10-2025 (2/3) 7/7