Ilanchezhian v. Manoharan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05-08-2025

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI IN CRL RC(MD) NO. 984 of 2025 Ilanchezhian ... Petitioner Vs.

Manoharan ... Respondent Prayer : This Civil Miscellaneous Petition is filed under Section 438(1) of BNSS, 2023, to suspend the sentence imposed in judgment dated 22.07.2022, made in C.C.No.210 of 2007 on the file of the Judicial Magistrate Court, Nilakkottai, as confirmed by the judgment dated 03.01.2025 made in Crl.A.No.39 of 2022 on the file of the learned Principal District and Sessions Court, Dindigul. For Petitioner : Mr.R.Senthil Kumar

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed on the petitioner in C.A.No.39 of 2022 dated 03.01.2025 on the file of the 1/4

learned Principal District and Sessions Judge, Dindigul, confirming the conviction imposed in the judgment, dated 22.07.2022 passed in C.C.No.210 of 2007 on the file of the learned Judicial Magistrate, Nilakkottai and enlarge the petitioner on bail pending disposal of the Criminal Revision Case.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 22.07.2022 for the offence under Section 138 of Negotiable Instrument Act, and the trial Court sentenced him to undergo simple imprisonment for a period of three months and to pay a compensation of Rs.1,50,000/-, in default, to undergo simple imprisonment for a period of one month in C.C.No.210 of 2007 on the file of the learned Judicial Magistrate, Nilakkottai.

3. The learned Principal District and Sessions Judge, Dindigul, confirmed the conviction, and confirmed the sentence and dismissed the Criminal Appeal No.39 of 2022, dated 22.07.2022. 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. 2/4

5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

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, 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 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 Magistrate, Nilakkottai ;

(ii) 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 3/4

(iii) The petitioner shall appear before the learned Judicial Magistrate, Nilakkottai, daily at 10.30 a.m., until further orders. sd/- 05/08/2025 / TRUE COPY / /2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

Mrn TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DINDIGUL.

2 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.

3 DO THOROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

ORDER

IN IN CRL RC(MD) NO. 984 of 2025 Date :05/08/2025 AS/11.08.2025/4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4