Krishnan v. Velmurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2477 OF 2025 KRISHNAN S/o.Subbu, 51/4, Belur Main Road, Valapadi Town and Taluk, Salem District.

Petitioner(s) Vs Velmurugan S/o.Ganesan, 1/27, Akichhettipalayam Village, Palaniyapuri Post, Attur Taluk, Salem District.

Respondent(s) PRAYER To suspend the sentence of simple imprisonment for a period of One Year and also to pay compensation of Cheque amount of Rs.2,00,000/- to the complainant as per the order passed in the above case S.T.C.No.21 of 2022 dated 12.08.2024 by the Fast Track Judicial Magistrate, at Attur, Salem District, pending disposal of the above Criminal Revision Petition and to enlarge the Bail For Petitioner(s):

Mr. L.Rajendran 1/6

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Addl. Disstrict Sessions Judge, Attur, Salem in Crl.A.No.211 of 2024, dated 26.08.2025, confirming the Judgment dated 12.08.2024 passed in S.T.C.No.21 of 2022 by the learned Judicial Magistrate, Attur, Salem and enlarge the petitioner on bail pending disposal of the above Criminal Revision.

2.

The petitioner herein is the accused in S.T.C No. 21 of 2022 on the file of the learned Judicial Magistrate, Attur, Salem. 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 to pay the compensation of cheque amount of Rs.2,00,000/-. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.211 of 2024 before the learned Addl. District Sessions Judge, Attur, Salem, by an order dated 26.08.2025, 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 is no legally enforceable debt between the petitioner and the respondent 2/6

and 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 stating that there is no legally enforceable debt between the petitioner and respondent and also 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 another sum of Rs.40,000/- (Rupees forty thousand only) to the credit of S.T.C.No.21 of 2022 on the file of learned Judicial Magistrate, Attur, Salem, within a period of three weeks from today.

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(ii) On such deposit being made, the defacto complainant is permitted to withdraw the said amount as well as the earlier amount deposited before the court below on filing undertaking affidavit;

(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, 4/6

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; (vii) If any deviation in complying the above conditions, the suspension of sentence ordered by this court shall stand vacated;

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

21-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To 1.Addl. District Sessions Judge, Attur, Salem. 2, Judicial Magistrate, Attur, Salem.

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T.V.THAMILSELVI J.

rpp CRL MP No. 22019 of IN CRL RC NO. 2477 OF 2025 21-11-2025 (2/2) 6/6