P.Ganesh v. V.Subramani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-11-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 2500 OF 2025 P.Ganesh S/o.Perumal, No.38/13, Everest Colony, Mogapair East, Chennai - 600 037 Petitioner(s) Vs V.Subramani AP - 1119, 3rd Cross Street, Thendral Colony, Anna Nagar West, Chennai - 600 040 Respondent(s) PRAYER To suspend the sentence imposed on the petitioner by the Learned I Additional Sessions Judge, City Civil Court, Chennai vide Judgment dated 16/09/2025 in Crl.A.No.237 of 2023 confirming the Judgment dated 29/03/2025 passed in C.C.NO.531/2021 on the file of the Fast Track Court II Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3 pending disposal of the above Criminal Revision.

For Petitioner(s):

Prakash Goklaney Velu Srinivasan For Respondent(s):

V. Anilkumar S.V.Sundararajan B.Vasanth A.Samyuktha G.Karthikeyan K.G.Raja Murugadasan

For Petitioner(s):

Prakash Goklaney Velu Srinivasan For Respondent:

ORDER

This petition has been filed to suspend the sentence imposed on the petitioner by the Learned I Additional Sessions Judge, City Civil Court, Chennai, vide Judgment dated 16/09/2025 in Crl.A.No.237 of 2023 confirming the Judgment dated 29/03/2025 passed in C.C.NO.531/2021 on the file of the Fast Track Court II Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3 pending disposal of the above Criminal Revision.

2. The petitioner herein was convicted by the Fast Track Court II Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3 in C.C.NO.531/2021 for the offence under Section 138 of N.I Act and sentenced him to undergo six months Simple Imprisonment and same was confirmed by the I Additional Sessions Judge, City Civil Court, Chennai, vide Judgment dated 16/09/2025 in Crl.A.No.237 of 2023. Aggrieved over the same the petitioner filed the present revision case along with this Criminal Miscellaneous Petition.

3. The learned counsel for the petitioner submits that the settlement arrived between the parties and also the petitioner paid near about Rs.20 lakhs to the respondent.

4. On the other side, the respondent's counsel submits that the petitioner seeks 15 months time to pay the balance amount and it is still under consideration.

5. Considering the facts and circumstances of the case, this Court is inclined to suspend the sentence.

Accordingly, till the disposal of the Criminal Appeal, the substantive sentence of imprisonment imposed by the learned trial Judge is alone suspended and bail are granted on the following conditions:

(a) The petitioner/accused is ordered to be released on bail, on their executing a separate 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 Fast Track Court II Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3. Further, the petitioner shall cooperate for the settlement. (b) 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 Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court as and when required, if the petitioner is not able to appear before the trial Court on any day, they 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 his absence, as directed by the trial Court.

8.

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

25-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Fast Track Court II Metropolitan Magistrate, Egmore at Allikulam, Chennai - 3.

2. The I Additional Sessions Judge, City Civil Court, Chennai

T.V.THAMILSELVI J.

pbl CRL MP No. 22212 of IN CRL RC NO. 2500 OF 2025 25-11-2025