G.Ravikumar v. N.Matheswaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2262 OF 2025 G.Ravikumar S/o.Ganapathy, D.No.33/4, Vivegananthan Street, Soorampatti, Erode District - 638 009.
Petitioner(s) Vs N.Matheswaran S/o.Nadesan Muthaliyaar, D.No.264/212, Aandikaadu, Manickampalayam, Veerappanchathiram Post, Erode District - 638 009.
Respondent(s) For Petitioner(s):
Mr.J.Titus Enock For Respondent:
ORDER
The petitioner has filed this petition to Suspend the sentence of conviction order passed in C.C.No.378 of 2016 on the file of the Judicial Magistrate, Fast Tract No-II, Erode, dated 06.09.2018, and confirmed in
C.A.No.307 of 2018 on the file of the I Additional District and Sessions Judge, Erode, dated 25.06.2025.
2. The petitioner herein is the accused in C.C.No.378 of 2016 on the file of the Judicial Magistrate, Fast Tract No-II, Erode, and convicted the petitioner to undergo one year simple imprisonment and further directed the petitioner to pay Rs.5,000/- as fine, in default of which he shall also be liable to simple imprisonment for a term of 3 months. Aggrieved by the same, the petitioner had filed appeal in C.A.No.307 of 2018 before the learned I Additional District and Sessions Judge, Erode. The learned trial Judge had dismissed the appeal and confirmed the conviction and sentence passed by the trial court, against which the present revision has been filed.
3. The learned counsel for the petitioner submitted that, according to the petitioner, the cheque in question was issued only for security purposes and was misused by the defacto complainant. It was further submitted that during the course of business, the petitioner had borrowed a loan and was repaying the same, but the cheque given as security was wrongfully presented and misused. The petitioner claims to have a valid defence in this regard.
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.2,00,000/- to the credit of C.C.No.378 of 2016, on the file of the Judicial Magistrate Fast Tract No-II, Erode, 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 shall be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate Fast Tract No-II Court, Erode & District.
(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 report before the respondent police on every Sunday at 10.30 a.m, and also shall appear before the Trial Court on every Saturday 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.
05-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-12-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2262 OF 2025 G.Ravikumar S/o.Ganapathy, D.No.33/4, Vivegananthan Street, Soorampatti, Erode District - 638 009.
Petitioner(s) Vs
N.Matheswaran S/o.Nadesan Muthaliyaar, D.No.264/212, Aandikaadu, Manickampalayam, Veerappanchathiram Post, Erode District - 638 009.
Respondent(s) For Petitioner(s):
Mr.J.Titus Enock
ORDER
This matter is listed today under the caption "for being mentioned" at the instance of the learned counsel for the petitioner.
2. The learned counsel for the petitioner would submit that in the order dated 05.11.2025, in one of the conditions for suspension of sentence imposed on the petitioner viz., in clause (d), an error has been crept it and it is directed that the petitioner shall report before the respondent police on every Sunday at 10.30 a.m., and also shall appear before the trial court on every Sunday at 10.30 a.m. The learned counsel thus prayed to modify the said condition.
3. Heard and perused the order dated 05.11.2025.
4. Clause (d) condition imposed is modified as follows:- " The petitioner shall report before the trial court on every
Tuesday at 10.30 a.m., until further orders. " 5.
Except for the above modification, the order dated 05.11.2025 stands unaltered.
6. Registry is directed to issue fresh corrected order copy to the parties concerned.
15-12-2025 nvsri
To 1.The Judicial Magistrate Fast Tract NoII Court, Erode & District.
T.V.THAMILSELVI J.
nvsri CRL MP No. 20657 of IN CRL RC NO. 2262 OF 2025 15-12-2025