M/S.Sindhu Fashion v. M/S.Iswari Spinning Mills

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI CRL MP NO. 22650 OF 2025 AND CRL RC NO. 2564 OF 2025 1.M/s.Sindhu Fashion Rep by its Proprietor K. Ramsuresh 2.K. Ramsuresh S/o. Kumaravel, Both had Office at, No.1/1, Pallakaatu Thottam, Karuppagoundanpalayam, Verrapandi Post, Tiruppur-641605.

..Petitioner(s) Vs M/s.Iswari Spinning Mills Proprietor P. Senthil Kumar, Rep by its Power of Attorney Mr. Muthu Kumar, Sullermbu Anjal, Athur Taluk, Dindugal District. ..Respondent(s) To suspend the sentence imposed to the petitioner in C.A.No.16 of 2024 on the file of the learned I Additional District and Sessions Judge, Tiruppur dated 13.10.2025 confirming the conviction the sentence passed by the learned Judicial Magistrate (FTC), Tiruppur in C.C.No.228 of 2017 dated 25.10.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Revision Case.

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For Petitioner(s):

Mr.J.Franklin Order This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned I Addl. District and Sessions Judge, Tiruppur in C.A.No.16 of 2024, dated 13.10.2024, confirming the Judgment dated 25.10.2023 passed in C.C.No.228 of 2017 by the learned Judicial Magistrate, Fast Track Court, Tiruppur and enlarge the petitioner on bail pending disposal of the above Criminal Revision. 2.

The petitioner herein is the accused in C.C No. 228 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur. 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.2,69,094/-. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.16 of 2024 before the learned I Addl. District and Sessions Judge, Tiruppur, by an order dated 13.10.2024, 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 __________Page 2 of 7

there is no legally enforceable between himself and the respondent/complainant and the respondent has not proved the case beyond reasonable doubt and 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 himself and the respondent and the respondent has not proved the case beyond reasonable doubt and he is having valid defence to prove his case, 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 petitioner shall deposit another sum of Rs.20,000/- __________Page 3 of 7

(Rupees twenty thousand only) to the credit of C.C.No.228 of 2017 on the file of learned Judicial Magistrate, Fast Track Court, Tiruppur, within a period of four weeks from today. (ii) On such deposit being made, the respondent/complainant is permitted to withdraw the said amount and also permitted to withdraw the amount, which was earlier deposited before the court below 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 __________Page 4 of 7

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 conditions, the suspension of sentence ordered by this court shall stand cancelled;

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

27-11-2025 Index: Yes/No Speaking/Non-speaking order RPP To

1. I Addl. District and Sessions Judge, Tiruppur

2. Judicial Magistrate (Fast Track Court), Tiruppur. __________Page 5 of 7

T.V.THAMILSELVI J.

RPP CRL MP. No. 22650 of 2025 and CRL RC No. 2564 of 2025 27-11-2025 (3/5) __________Page 6 of 7

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