Jayarani v. Perumal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 19877 OF 2025,CRL MP NO. 19878 OF 2025 IN CRL RC No. 2145 of 2025

1. JAYARANI W/o.Benny J Samraj, No. 6, 5th Cross Street, Bharathiyar Nagar, Maduranthakam Taluk, Chengalpattu District.

Petitioner(s) Vs

1. PERUMAL S/o.Arumugam, No. 15, Mettu Street, Malaipalayam Village, Karunkuzhi Post, Madurantakam Taluk, Kancheepuram District.

Respondent(s) CRL MP No. 19877 of 2025 PRAYER To suspend the sentence imposed on the petitioner herein passed by the learned Judical Magistrate, Maduranthakam Passed in CC.No.46 of 2017 dated 25.07.2019 convicted her U/s.138 of Negotiable Instruments Act and sentencing

her to undergo 2years RI and imposed a fine of Rs.10,000 in default to undergo 6 months SI and to pay the compensation a sum of Rs.20,00,000 which was modified by the learned Principal District and Sessions Judge, Chengalpattu in C.A.No.75/2019 dated 22.09.2025 modifying the sentence to undergo 6 months SI and to pay compensation a sum of Rs.10,00,000 I/D to undergo 3 months SI and enlarge the petitioner on bail pending disposal of the above Criminal Revision Pending on the file of this Honble Court For Petitioner(s):

T.R. Ravi T.R.Sivakumarnath T.R.Kathirvanan For Respondent:

ORDER

This petition has been filed to suspend the sentence imposed on the petitioner herein passed by the learned Judicial Magistrate, Maduranthakam Passed in CC.No.46 of 2017 dated 25.07.2019.

2. The petitioner herein was convicted by the learned Judicial Magistrate, Maduranthakam, under Section 138 of Negotiable Instruments Act and sentencing her to undergo 2 years Rigorous Imprisonment and imposed a fine of Rs.10,000 in default to undergo 6 months Simple Imprisonment and to pay the compensation a sum of Rs.20,00,000 which was modified by the learned

Principal District and Sessions Judge, Chengalpattu in C.A.No.75/2019 dated 22.09.2025 modifying the sentence to undergo 6 months SI and to pay compensation a sum of Rs.10,00,000 I/D to undergo 3 months SI and enlarge the petitioner on bail pending disposal of the above Criminal Revision Pending on the file of this Court. Aggrieved by the same, the present revision has been filed and this Criminal Revision Case.

3.

The learned counsel for the petitioner/accused would submit that the petitioner is Primary School Teacher who borrowed loan to the tune of Rs.2,50,000/- and issued blank cheque but the same was misused by the respondent. Hence, 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 petitioner shall deposit a sum of Rs.1,00,000/- to the credit of CC.No.46 of 2017 on the file of learned Judicial Magistrate, Maduranthakam, within a period of four weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled. The respondent is permitted to withdraw the amount deposited by the petitioner before the Trial Court.

(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 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.

27-10-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Principal District and Sessions Judge, Chengalpattu.

2. The Judicial Magistrate, Maduranthakam.

3. The Public Prosecutor, High Court, Madras.

T.V.THAMILSELVI J.

pbl CRL RC No. 2145 of AND CRL MP NO.

19877 OF 2025,CRL MP NO. 19878 OF 2025 27-10-2025