Madras High CourtCRL MP(MD)/7522/2025withdrawn dismissed

M.Ganesamoorthy v. G.Reginamary

2025-06-25Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in CRL RC(MD) No.687 of 2025 M.Ganesamoorthy ... Petitioner Vs G.REginamary ... Respondent For Petitioner:

Mr.T.Leninkumar, Advocate Prayer in CRL MP(MD).7522 of 2025 :

This Criminal Miscellaneous Petition filed under Section 432 of B.N.S.S. praying to suspend the sentence imposed in C.A.No.9 of 2024 by the I Additional District and Sessions Court (PCR), Trichy dated 08.05.2025 by confirming the judgment made in S.T.C.NO.776 of 2022 by the Judicial Magistrate, Manapparai dated 08.12.2023 and enlarge the petitioner on bail.

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in C.A.No.9 of 2024 by the I Additional District and Sessions Court (PCR), Trichy dated 08.05.2025 by confirming the judgment made in S.T.C.NO.776 of 2022 by the Judicial Magistrate, Manapparai dated 08.12.2023 and enlarge the petitioner 1/5

on bail.

2. The case of the respondent/complainant is that the petitioner borrowed a loan of Rs.15,00,000/- from the respondent on 15.09.2021 agreeing to repay the same within one year and had given cheque, dated 15.09.2022 bearing number 802241 for an amount of Rs.15,00,000/-. When the respondent has presented the cheque for collection on 15.09.2022, the same was returned with reason "Insufficient funds", that the respondent has sent legal notice on 21.09.2022 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 24.09.2022. Despite receiving the same, the petitioner neither sent reply nor repaid the amount. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act against the petitioner.

3. It is seen from the records that the petitioner has been convicted by the trial Court in S.T.C.No.776 of 2022 for the alleged offence punishable under Section 138 of Negotiable Instruments Act and sentenced to undergo Simple Imprisonment for a period of 6 months and also directed to pay a compensation of Rs.15,00,000/-, in default, to undergo Simple Imprisonment for a period of one month. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.9 of 2024 on the file of the learned Additional District and Sessions Court (PCR) I, Trichy and the learned Additional District and Sessions Court (PCR) I, 2/5

Trichy, by confirming the conviction and sentence, dismissed the appeal. Being dissatisfied with the dismissal of the appeal, the petitioner has preferred the present Criminal Revision Case along with the above miscellaneous petition seeking suspension of sentence.

4. The learned counsel appearing for the petitioner would submit that there are several infirmities in the prosecution case and further there are contradictions in material particulars between the evidence of the prosecution witnesses.

5. This Court has carefully considered the contentions putforth by the learned counsel appearing for the petitioner and also perused the materials available on record.

6. The learned counsel appearing for the petitioner pointed out that certain infirmities and inconsistencies in this case and also 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, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

7. In the result, the Criminal Miscellaneous Petition is ordered. Accordingly, the relief of suspension of sentence is granted to the petitioner on the following conditions:- 3/5

(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 Additional District and Sessions Court (PCR) I, Trichy;

(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 (iii) The petitioner shall appear before the trial Court on all working days at 10.30 a.m., until further orders 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 B.N.S.S. (Section 317 of 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. sd/- 25/06/2025 / TRUE COPY / /06/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gbg To 1.The Additional District and Sessions Judge (PCR) I, Trichy.

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2.The Judicial Magistrate, Manapparai.

3.Do through the Chief Judicial Magistrate, Trichy District.

+1 CC to M/s.T.LENIN KUMAR, Advocate ( SR-6749[I] dated 25/06/2025 )

ORDER

IN in CRL RC(MD) No.687 of 2025 Date :25/06/2025 MK/26.06.2025 5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5