K.Ravichandran v. M.Sivanandam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 22734 OF 2025,CRL MP NO. 22735 OF 2025 IN CRL RC No. 2583 of 2025
1. K.Ravichandran S/o.Krishnan, R.S.Nattu Kozhipannai, Near petrol bunk, Puliyankani, Aliyar, Pollachi Taluk, Coimbatore District.
Petitioner(s) Vs
1. M.Sivanandam S/o.Mariappapillai, No.37, V.K.V.Layout, Coimbatore road, Pollachi, Coimbatore District.
Respondent(s) CRL MP No. 22734 of 2025
1. K.Ravichandran S/o.Krishnan, R.S.Nattu Kozhipannai, Near petrol bunk, Puliyankani, Aliyar, Pollachi Taluk, Coimbatore District.
Petitioner(s) Vs
1. M.Sivanandam S/o.Mariappapillai, No.37, V.K.V.Layout, Coimbatore road, Pollachi, Coimbatore District.
Respondent(s) CRL MP No. 22735 of 2025
1. K.Ravichandran
S/o.Krishnan, R.S.Nattu Kozhipannai, Near petrol bunk, Puliyankani, Aliyar, Pollachi Taluk, Coimbatore District.
Petitioner(s) Vs
1. M.Sivanandam S/o.Mariappapillai, No.37, V.K.V.Layout, Coimbatore road, Pollachi, Coimbatore District.
Respondent(s) CRL MP No. 22734 of 2025 PRAYER To suspend the sentence passed in C.A.No.134 of 2021, on the file of V Addl. District and Sessions Judge, Coimbatore, dated 08.08.2025 confirming the judgment passed in STC No.2566 of 2016 on the file of the Judicial magistrate No.1, Pollachi, dated 25.03.2021 pending disposal of the above revision. CRL MP No. 22735 of 2025 PRAYER To exempt the surrender of the petitioner in C.A.No. 134 of 2021, on the file of V Addl.District and Sessions Judge, Coimbatore dated 08.08.2025 confirming the judgment passed in STC No.2566 of 2016 on the file of the Judicial Magistrate No.1, Pollachi dated 25.03.2021.
For Petitioner(s):
M/s.C.Veeraraghavan R.S.Sivapriya N.Manikandan P.Deepika For Respondent:
ORDER
This petition has been filed to suspend the sentence passed in C.A.No.134 of 2021, on the file of V Additional District and Sessions Judge, Coimbatore, dated 08.08.2025 confirming the judgment passed in STC No.2566 of 2016 on the file of the Judicial magistrate No.1, Pollachi, dated 25.03.2021 pending disposal of the above revision and exempt the petitioner from surrender.
2.
The petitioner herein is the accused in STC No.2566 of 2016 on the file of the Judicial magistrate No.1, Pollachi . 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 6 months and awarded to pay a compensation of Rs.3,00,000/-, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of 3 months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in C.A.No.134 of 2021, on the file of V Addl. District and Sessions Judge, Coimbatore, by judgement dated 08.08.2025, 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 the Court below failed to take note of the material contradictions in the evidence of the complainant and the witnesses. Further, there is no legally enforceable debt, but it was not properly appreciated by the Courts below 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, 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.50,000/- to the credit of STC No.2566 of 2016 on the file of the Judicial magistrate No.1, Pollachi, within a period of four weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled.
(ii) On such deposit being made, the respondent is permitted to withdraw the same.
(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 CRL MP No. 22734 of 2025 is ordered and CRL MP No. 22734 of 2025 is closed.
28-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The V Additional District and Sessions Judge, Coimbatore.
2. The Judicial Magistrate No.1, Pollachi
T.V.THAMILSELVI J.
pbl CRL MP NO. 22734 OF 2025,CRL MP NO.
22735 OF 2025 IN CRL RC No. 2583 of 28-11-2025