G.Gokul v. Mahaveer Rathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2435 OF 2025 G.Gokul Proprietor, Sri Gokul Tex, 33, Brindha Street, Erode-638 001, Erode District.

Petitioner(s) Vs Mahaveer Rathi Proprietor, Subhalakshmi Textiles, 75, N.M.S.Compund, Erode-638 001, Erode District.

Respondent(s) PRAYER To suspend the sentence of imprisonment imposed on the petitioner in the judgment dated 12.08.2025 made in C.A.No.117/2018 on the file of the Learned First Additional Sessions Court, Erode confirming the judgment dated 28.03.2018 in STC No.445/2016 on the file of the Learned Judicial Magistrate, Fast Track Court No.2, Erode and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition. 1/6

For Petitioner(s):

Mr. N. Manoharan

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned I Addl. Sessions Court, Erode in C.A.No.117 of 2018, dated 12.08.2025, confirming the Judgment dated 28.03.2018 passed in S.T.C.No.445 of 2016 by the learned Judicial Magistrate Fast Track Court No.2, Erode 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. 445 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court No.2, Erode. 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 fine of Rs.3000/-, in default, to undergo simple imprisonment for a period of three months. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.117 of 2018 before the learned I Addl. Sessions Court, Erode, by an order dated 12.08.2025, 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. 2/6

3.

The learned counsel for the petitioner/accused would submit that there is no legally enforceable debt between the petitioner and the respondent. He would submit that 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 the 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:

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(i) the petitioner shall deposit a sum of Rs.75,000/- (Rupees fifty thousand only) to the credit of S.T.C.No.445 OF 2018 on the file of learned Judicial Magistrate, Fast Track Court No.2, Erode, within a period of three weeks from today. (ii) On such deposit being made, the defacto complainant is permitted to withdraw the amount 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 4/6

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; (vii) If any deviation in complying the condition, the suspension of sentence ordered by this Court shall stand cancelled.

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

19-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To

1. I Addl. Sessions Court, Erode.

2. Judicial Magistrate, Fast Track Court No.2, Erode. 5/6

T.V.THAMILSELVI J.

rpp CRL MP No. 21850 of IN CRL RC NO. 2435 OF 2025 19-11-2025 (4/5) 6/6