A.Paul Vincent v. R.Natarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP Nos. 21323 & 21324 of 2025 IN CRL RC NO. 2361 OF 2025 A.Paul Vincent S/o.Anthonysamy, No,252, 2nd Floor, 1st Street, Gandhipuram, Coimbatore District, Pin Code - 641 012.

Petitioner(s) Vs R.Natarajan S/o.Rayappan, No. 34, MGR Nagar, Madukarai Road, Sidco Post, Coimbatore District.

Respondent(s) COMMON PRAYER: Criminal Miscellaneous Petitions filed under Section 430 of BNSS & 528 of BNSS, praying to suspend the sentence imposed on the petitioner in C.C.No.3 of 2013 on the file of Judicial Magistrate, Fast Track Court-I, Magistrate Level, Coimbatore and confirming the same in C.A.NO.405 of 2017 on the file of the V District and Sessions Judge, Coimbatore and enlarge him on bail, pending disposal of the above Criminal Revision Petition. For Petitioner(s):

Mr.G.S.Mahesh for Mr.P.Srinivasan

For Respondent:

Dr.C.E.Pratap Government Advocate (Crl.Side) COMMON ORDER These Criminal Miscellaneous Petitions have been filed by the petitioner, seeking suspension of sentence imposed in C.C.No.3 of 2013 on the file of Judicial Magistrate, Fast Track Court-I, Magistrate Level, Coimbatore and confirming the same in C.A.NO.405 of 2017 on the file of the V District and Sessions Judge, Coimbatore and enlarge him on bail, pending disposal of the above Criminal Revision Petition.

2. The petitioner herein is the accused in CC.No.3 of 2012 on the file of the Judicial Magistrate Fast Track Court-I, Magistrate Level, Coimbatore. The accused was convicted under Section138 of Negotiable Instrument Act and sentenced to undergo simple imprisonment for a period of 6 months and shall pay the compensation of Rs.7,00,000/- within a period of two months from the date of judgment dated 01.11.2017. Aggrieved by the same, the petitioner had filed appeal in C.A.No.405 of 2017 on the file of the V District and Sessions

Judge, Coimbatore, was dismissed, confirming the conviction and sentence, against which the present revision has been filed. 3.

The learned counsel for the petitioner/accused submitted that though there was a money-lending transaction, the cheque was manipulated and a false claim was made. It is further submitted that the trial Court failed to properly appreciate the facts of the case. The petitioner is having a valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He also submitted 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 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, 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.1,50,000/- (Rupees One Lakh fifty thousand only), to the credit of CC.No.3 of 2013 on the file of the Judicial Magistrate, Fast Track Court-I, Magistrate Level, Coimbatore, within a period of three weeks from the date of receipt of a copy of this order, failing which the order shall be vacated.

(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, out of which one surety shall be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Fast Track Court-I, Magistrate Level, Coimbatore.

(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 Aadhar Cards or Bank Pass Books to ensure their identities.

(d) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal revision 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, the suspension of sentence filed by the petitioner in Crl.MP.No.21323 of 2025 is ordered. Consequently, the petitions filed by the petitioner in Crl.M.P.No.21324 of 2025 seeking exemption from surrendering before the trial Court, is closed accordingly. 13-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri

To 1.R.Natarajan S/o.Rayappan, No. 34, MGR Nagar, Madukarai Road, Sidco Post, Coimbatore District.

2.The Judicial Magistrate, Fast Track Court-I, Magistrate Level, Coimbatore.

3.The V District and Sessions Judge, Coimbatore.

4.The Public Prosecutor, High Court of Madras, Chennai.

T.V.THAMILSELVI J.

rri CRL MP No. 21323 of IN CRL RC NO. 2361 OF 2025 13-11-2025