L.Anthuraj v. J.Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2533 OF 2025 L.Anthuraj S/o.Lava, No.9, M.C.Raja Street, Ambedkar Nagar, Arakkonam, Ranipet - 631 001.

Petitioner(s) Vs J.Vijayakumar S/o.M.Jayaraman, No.38/49, Town Hall, 3rd Street, Arakkonam, Ranipet - 631 001.

Respondent(s) PRAYER To Suspend the sentence and conviction passed by Judgement dated 17.10.2025 passed in Criminal Appeal No.39/2025 by Learned II Additional District and Sessions Judge, Arakkonam confirming the Judgment dated 22.04.2025 passed in C.C.No.137/2014 passed by the Learned Judicial Magistrate, Arakkonam convicting the accused under Section 138 of the Negotiable Instrument Act till the disposal of the above Criminal Revision Petition and thus render justice accordingly.

For Petitioner(s):

Suriyamuthu N C.Prabhu Mughil Vannan Nambi

ORDER

This Criminal Miscellaneous Petition has been filed by the petitioner, to Suspend the sentence and conviction passed by Judgement dated 17.10.2025 passed in Criminal Appeal No.39/2025 by Learned II Additional District and Sessions Judge, Arakkonam confirming the Judgment dated 22.04.2025 passed in C.C.No.137/2014 passed by the Learned Judicial Magistrate, Arakkonam convicting the accused under Section 138 of the Negotiable Instrument Act till the disposal of the above Criminal Revision Petition

2. The petitioner herein is the accused in C.C.No.137/2014 on the file of the learned Judicial Magistrate, Arakkonam. He was found guilty of the offence under Sections 138 of Negotiable Instrument Act and the accused is convicted and sentence to undergo two months simple imprisonment under Section

255(2) of Cr.p.C and ordering he accused to pay a compensation of Rs.2,00,000/- to the complainant under Section 356(3) to the complainant failing which to undergo rigorous imprisonment for a further period of one month. Aggrieved by the same, the petitioner filed an appeal in Criminal Appeal No.39/2025 and by order dated 17.10.2025 the Learned II Additional District and Sessions Judge, Arakkonam, dismissed the appeal, thereby confirming the judgment and sentence imposed by the trial Court. Hence, the present revision has been filed.

3.

The learned counsel for the petitioner/accused submitted that he 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.40,000/- (Rupees forty only), to the credit of C.C.No.137/2014 on the file of the learned Judicial Magistrate, Arakkonam, within a period of four 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 each for a like sum to the satisfaction of the learned learned Judicial Magistrate, Arakkonam. (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 Tuesday 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, this Criminal Miscellaneous Petition is ordered.

26-11-2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes smn To.

1. The learned II Additional District and Sessions Judge, Arakkonam

2. The learned Judicial Magistrate, Arakkonam, Ranipet District.

T.V.THAMILSELVI, J.

smn CRL MP No. 22453 of IN CRL RC NO. 2533 OF 2025

26-11-2025 2/2