T.J.Anandhakumar @ Anandakumar v. K.Ponnusamy
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-05-2025
CORAM
THE HONOURABLE MR JUSTICE P.VADAMALAI IN CRL RC(MD) NO. 593 OF 2025 T.J.Anandhakumar @ Anandakumar, (Wrongly mentioned as T.J.Anandhakumar in C.A.No.82 of 2022 instead of Anandakumar) S/o.T.Jeyaram, F Block, Teckon All Seasons Apartment Church Road, Ramanathapuram, Coimbatore-641 045.
... Petitioner Vs.
K.Ponnusamy, S/o. Karumanna Gounder, 23, M.A.Chairman, N.K.R.Periannan Nagar, Kaliappa Nagar, Sivakasi - 626123.
... Respondent For Petitioner : Mr.S.Vanchinathan
ORDER
This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner in C.A.No.82 of 2022 dated 02.04.2025 on the file of the learned Principal District and Sessions Judge, Virudhunagar District, confirming the conviction imposed in the judgment, dated 22.06.2022 passed in C.C.No.371 of 2017 on the file of the learned Judicial Magistrate No.I, Sivakasi and enlarge the petitioner on bail pending disposal of the Criminal Revision Case. 1/5
2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 22.06.2022 for the offence under Section 138 of the Negotiable Instrument Act, and the trial Court sentenced him to undergo simple imprisonment for a period of one year and to pay double cheque amount of Rs.10,00,000/- (Rupees Ten Lakhs only) as compensation to the respondent, in default, to undergo simple imprisonment for a period of one month in C.C.No.371 of 2017 on the file of the learned Judicial Magistrate No.I, Sivakasi.
3. The learned Principal District and Sessions Judge, Virudhunagar, confirmed the conviction and sentence, and dismissed the Criminal Appeal No.82 of 2022, dated 02.04.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.
4. The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses. Further, he submitted that the petitioner is ready to deposit 20% of the compensation amount (i.e., Rs.2,00,000/- [Rupees Two Lakhs only]) to show his bonafide.
5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record. 2/5
6. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the bonafide expressed by the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.
7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :
(i) The petitioner shall deposit a sum of Rs.2,00,000/- (Rupees Two Lakhs only) to the credit of C.C.No.371 of 2017 on the file of the learned Judicial Magistrate No.I, Sivakasi, on or before 26.06.2025, failing which, the sentence suspended shall automatically dismissed, and the respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law; (ii) On such deposit, the petitioner shall execute a 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 Judicial 3/5
Magistrate No.I, Sivakasi;
(iii) 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 to ensure their identity; and (iv) The petitioner shall appear before the learned Judicial Magistrate No.I, Sivakasi, once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., until further orders.
(v) On such deposit, the learned Judicial Magistrate No.I, Sivakasi; shall re-deposit the said sum in a Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD)No.593 of 2025.
8. List the matter on 26.06.2025 under the caption "for reporting compliance". sd/- 22/05/2025 / TRUE COPY / /05/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
4/5
MRN TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
2 THE JUDICIAL MAGISTRATE NO.I, SIVAKASI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
ORDER
IN IN CRL RC(MD) NO. 593 OF 2025 Date :22/05/2025 SA/SAR. /27.05.2025/5P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5