K.Mohanraj v. M/S.Vairavel Finance
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2489 OF 2025 K.Mohanraj S/o.Kullan, No.60, Nethaji Road, Denkanikottai-635 107 Krishnagiri District Petitioner(s) Vs M/s.Vairavel Finance Rep by its Managing Director,A.Bharathi, S/o.Arumugam D.No.1-A, Nethaji Road, Denkanikottai-635 107 Krishnagiri District Respondent(s) PRAYER To suspend the sentence imposed upon the petitioner in Crl.A.No.15 of 2024 dated 31.07.2025 by the learned Addl. Sessions Judge, Krishnagiri confirming the conviction and sentence passed by the learned District Munsif cum Judicial Magistrate, Denkanikottai in C.C.No.23 of 2017 dated 20.11.2023 and release him on bail pending disposal of the above Criminal Revision petition 1/6
For Petitioner(s):
Mr. A.Balamurugan
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned Addl. Sessions Judge, Krishnagiri in C.A.No.15 of 2024, dated 31.07.2025, confirming the Judgment dated 29.11.2023 passed in C.C.No.23 of 2017 by the learned District Munsif cum Judicial Magistrate, Denkanikottai and enlarge the petitioner on bail pending disposal of the above Criminal Revision. 2.
The petitioner herein is the accused in C.C No. 23 of 2017 on the file of the learned District Munsif cum Judicial Magistrate, Denkanikottai. 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 six months and awarded to pay the compensation of Rs.3,50,000/-. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.15 of 2024 before the learned Addl. Sessions Judge, Krishnagiri by an order dated 31.07.2025, 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.
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3.
The learned counsel for the petitioner/accused would submit that there is no legally enforceable debt between the petitioner and complainant and he is having valid defence to prove his case. He would submit that he has been falsely implicated in this case, inspite of that, he was convicted. 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 complainant, he has been falsely implicated in this case and he is having valid defence to prove his case 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 3/6
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.30,000/- (Rupees thirty thousand only) to the credit of C.C.No.23 of 2017 on the file of learned District Munsif cum Judicial Magistrate, Denkanikottai, within a period of three weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled.
(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 4/6
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; (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.
21-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To
1. Addl. Sessions Judge, Krishnagiri.
2. District Munsif cum Judicial Magistrate, Denkanikottai. 5/6
T.V.THAMILSELVI J.
rpp CRL MP No. 22095 of IN CRL RC NO. 2489 OF 2025 21-11-2025 (2/3) 6/6