The Authorized Signatories M/S.Talking Lights Media v. A.Bojaiah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 20969 OF 2025 and CRL RC No. 2313 of 2025

1. The Authorized Signatories M/s.Talking Lights Media Talking Lights Media, No.18/26A, M.G.R.Street, Plot No.140, Kaveri Rangan Nagar, Saligramam, Chennai -

93. and another

2. A.V.Paramaguru S/o.A.Vellaichamy, Proprietor of M/s.Talkin Lights Media, Door No.15/26, Dr.Subburayan Nagar 4th Street, Kodambakkam, Chennai - 24.

Petitioner(s) Vs

1. A.Bojaiah S/o.Ayyannam, No.H-60, G-4, Neithal Apartment, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai-41.

Respondent(s) PRAYER: To suspend the sentence imposed by the Learned Metropolitan Magistrate, Fast Track Court -I, Egmore at Allikulam, Chennai in C.C.NO.3472/2016 dated 30.09.2022 and confirmed in Criminal Appeal N.285/2022 on the file of the VI Additional Sessions Judge, City Civil Court, Chennai dated 09.09.2025 and grant bail to the Petitioner pending Criminal Revision Petition.

For Petitioner(s):

P.S.Seetharaman N.Prasanth J.Thamaraiselvi

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed by the Learned Metropolitan Magistrate, Fast Track Court -I, Egmore at Allikulam, Chennai in C.C.NO.3472 of 2016 dated 30.09.2022 and confirmed in Criminal Appeal N.285/2022 on the file of the VI Additional Sessions Judge, City Civil Court, Chennai dated 09.09.2025 and grant bail to the Petitioner pending Criminal Revision Petition.

2. The petitioners herein are the accused in C.C.NO.3472/2016 on the file of the learned Learned Learned Metropolitan Magistrate, Fast Track CourtI, Egmore at Allikulam, Chennai. They were found guilty of the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo two years of simple imprisonment with compensation of double the cheque amount as contemplated under Section 357(3) of Cr.P.C r/w 138 of Negotiable Instrument Act and he shall undergo Two years of simple imprisonment for the offence

under Section 138 of N.I.Act. Compensation of double the cheque amount shall be paid to the complainant within one month indefault accused shall undergo simple imprisonment of 6 months and the same is imposed u/s 255(2) of Cr.P.C. Act . Challenging the same the petitioner has filed Cr.A.No.285 of 2022 before the VI Additional Session Judge, Chennai and the same was dismissed. Against which, the present Criminal appeal has been filed. 3.

The learned counsel for the petitioners/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioners are 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 petitioners, also by considering the submissions of the learned counsel for the petitioners, 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 petitioners are jointly directed to deposit a sum of Rs.1,00,000/- (Rupees One Lakh only), to the credit of C.C.NO.3472 of 2016 on the file of the Learned Metropolitan Magistrate, Fast Track Court -I, Egmore at Allikulam, Chennai without prejudice his defence, 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 must be a blood related surety, each for a like sum to the satisfaction of the of the learned Learned Metropolitan Magistrate, Fast Track Court -I, Egmore at Allikulam, Chennai.

(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 appear before the Trial Court on every Tuesday 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.

07-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To.

1. The Learned Metropolitan Magistrate, Fast Track Court -I, Egmore at Allikulam, Chennai

2. The learned VI Additional Sessions Judge, City Civil Court, Chennai

3. The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

smn CRL MP NO. 20969 OF 2025 and CRL RC No.

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