K.Babu v. C.R.Surendran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL MP Nos.23175 & 23176 of 2025 IN CRL RC NO.2641 of 2025 K.Babu Petitioner Vs C.R.Surendran Respondent(s) For Petitioner (s): Mr.M.N.Balakrishnan
O R D E R
These Criminal Miscellaneous Petitions have been filed seeking to suspend the sentence imposed on the petitioner dated 25.08.2023 in Crl.A No.318 of 2023 on the file of I Additional District and Sessions Judge, Coimbatore by confirming the judgment dated 20.07.2023 made in C.C.No.221 of 2018 on the file of Judicial Magistrate, Fast Track Court at Magisterial Level -II, Coimbatore and enlarge the petitioner on bail and to exempt the petitioner from surrendering before the trial court, pending disposal of the above revision.
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2. The case of the respondent is that towards discharge of her liability, the petitioner had issued three post dated cheques, totaling a sum of Rs.2,50,000/- and when the said cheques were presented for collection, they were returned for the reason "Funds Insufficent" and inspite of statutory notice, the petitioner did not make any payment.
3. The learned counsel for the petitioner would submit that the petitioner has raised substantial grounds in the above revision; that the respondent has failed to establish his capacity to lend a sum of Rs.2,50,000/-; that to show his bonafides, the petitioner is willing to deposit 20% of the cheque amount and prayed for suspension of sentence and exemption from surrendering before the trial court. 2/5
4. Heard the learned counsel for the petitioner as well as respondent and perused the records.
5. Considering the submissions made on either side and considering that the petitioner has raised substantial grounds in the above revision and that the petitioner is willing to deposit 20% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner and exempt the petitioner from surrendering before the trial court, subject to the following conditions, till the disposal of the above Criminal Revision : (i) The petitioner/accused is directed to deposit 20% of the cheque amount i.e.,Rs.50,000/- [Rupees Fifty Thousand only], within a period of four weeks from the date of receipt of a copy of this order;
(ii) On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case; (iii) Thereafter, the sentence of imprisonment alone, imposed on the petitioner/accused shall be suspended, on her 3/5
executing a bond a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Fast Track Court at Magisterial LevelII, Coimbatore ; (iv) 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; (v) The petitioner shall appear before the trial Court on the first working day of every month at 10.30 a.m. until the disposal of the revision and if she is not able to appear before the trial Court on any day, she shall make arrangements to file an application under Section 317 Cr.P.C. and shall appear before the trial Court on any other day in lieu of the date of her absence, as directed by the trial Court; and (vi) On the failure of the petitioner/accused, depositing the said amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.
6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 03.12.2025 (2/2) sma 4/5
SUNDER MOHAN, J.
sma To 1.The I Additional District and Sessions Judge, Coimbatore
2. Judicial Magistrate, Fast Track Court at Magisterial Level-II, Coimbatore CRL MP Nos.23175 & 23176 of 2025 IN Crl RC NO.2641 of 2025 03.12.2025 (2/2) 5/5