M.Mahalakshmi v. M.Vijayaragavan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-11-2025
CORAM
THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 22876 OF 2025,CRL MP NO. 22878 OF 2025 IN CRL RC No. 2600 of 2025
1. M.Mahalakshmi W/o.Rajavel, Government Polytechnic College, Udhagamandalam - 643006.
Petitioner(s) Vs
1. M.Vijayaragavan S/o.V.Muthaiah, No.30/22, Mounsamy Madam Street, Villivakkam, Chennai - 600049.
Respondent(s) CRL MP No. 22876 of 2025
1. M.Mahalakshmi W/o.Rajavel, Government Polytechnic College, Udhagamandalam - 643006.
Petitioner(s) Vs
1. M.Vijayaragavan S/o.V.Muthaiah, No.30/22, Mounsamy Madam Street, Villivakkam, Chennai - 600049.
Respondent(s) CRL MP No. 22878 of 2025
1. M.Mahalakshmi W/o.Rajavel, Government Polytechnic College, Udhagamandalam - 643006.
Petitioner(s) Vs
1. M.Vijayaragavan S/o.V.Muthaiah, No.30/22, Mounsamy Madam Street, Villivakkam, Chennai - 600049.
Respondent(s) CRL MP No. 22876 of 2025 PRAYER To suspend the sentence imposed in the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai -01 in S.T.C.No.3897 of 2022 dated 08.04.2025 and Criminal Appeal No.653 of 2025 passed by the Learned XV Additional Sessions Jude, City Civil Court, Chennai dated on 17.10.2025 pending disposal of the Criminal Revision Petition and thus render justice. CRL MP No. 22878 of 2025 PRAYER To permit me to exempt from the surrender before the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai - 01 in S.T.C.No.3897 of 2022 dated on 08.04.2025 pending disposal of the Criminal Revision Petition and thus render justice.
For Petitioner(s):
R. Prabhakaran S.Partha Sarathy A.Vasantha Kumar M.Rajesh Mruthul D Wilfred M.Sugashini For Respondent:
ORDER
This petition has been filed to suspend the sentence imposed in the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai -01 in S.T.C.No.3897 of 2022 dated 08.04.2025 and Criminal Appeal No.653 of 2025 passed by the Learned XV Additional Sessions Jude, City Civil Court, Chennai dated on 17.10.2025 pending disposal of the Criminal Revision Petition and to exempt the petitioner from surrender.
2.
The petitioner herein is the accused in STC No. 3897 of 2022 on the file of the Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai -01. 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 4 months and awarded to pay a compensation of Rs.8,00,000/- with 3% interest per annum, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of 2 months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in Criminal Appeal No.653 of 2025 passed by the Learned XV Additional Sessions Jude, City Civil Court, Chennai, by judgement dated 17.10.2025, 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 there is no legally enforceable debt between the petitioner and the complainant and with regard to money transaction the petitioner executed power of attorney in the name of the respondent. Later, with dishonest intention the respondent transferred the property in the name of his wife and also abused the cheque without any legitimate dues. In respect of alleged cheque the petitioner adduced evidence before the Trial court but it was not properly appreciated by the Trial court. Further the petitioner made complaint in respect of alleged cheque misused by the respondent before the commissioner of police in the year 2019 as well as power of attorney but there is no action taken by the police.
Further, 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 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; (ii) 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; (iii) 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. 22876 of 2025 is ordered and Crl. MP. 22878 of 2025 is closed.
28-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. The XV Additional Sessions Jude, City Civil Court, Chennai.
2. The Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai -01
T.V.THAMILSELVI J.
pbl CRL MP NO. 22876 OF 2025,CRL MP NO.
22878 OF 2025 IN CRL RC No. 2600 of 28-11-2025