D.Suyambu v. S.Masanamuthu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED Crl.RC.(MD)No.1316 of 2025 D.Suyambu, S/o.Durai, D.No.190A, LIC Colony, Pollachi Main Road, Sidco Post, Coimbatore.
...Revision Petitioner Vs.
S.Masanamuthu, S/o.Subbaiah, D.No.2/392C, Ideal Roadways, Madurai Byepass Road, SIPCOT, Thoothukudi District.
... Respondent Prayer : This Criminal Miscellaneous Petition filed under Section 430 of B.N.S.S. praying to suspend the Sentence imposed upon the Revision Petitioners vide judgment dated 20.08.2025 passed in Crl.A.No.161 of 2023, on the file of the learned II Additional District and Sessions Judge, 1/11
Thoothukudi, confirming the judgment dated 28.07.2023 passed in C.C.No.74 of 2018, on the file of the Judicial Magistrate Court (FTC), (Magisterial Level), Thoothukudi.
For Petitioner : Mr.G.Vishnuram
ORDER
Heard Mr.G.Vishnuram, learned Counsel for the Revision Petitioner and also this Court has taken the assistance of Mr.A.S.Abul Kalam Azad, learned Government Advocate.
2. This Criminal Miscellaneous Petition has been preferred seeking to suspend the sentence imposed upon the Revision Petitioner by the learned Judicial Magistrate (FTC), (Magisterial Level), Thoothukudi, in C.C.No.74 of 2018, dated 28.07.2023, which was confirmed by the learned II Additional District and Sessions Judge, Thoothukudi, in Criminal Appeal No.161 of 2023, dated 20.08.2025, wherein the 2/11
Revision Petitioner, was convicted for offence under Section 138 of Negotiable Instruments Act, to undergo simple imprisonment for one year and to pay a compensation of Rs.1,58,700/- within one month, in default, to undergo simple imprisonment for two months. Challenging the above conviction and sentence, the Revision Petitioner has filed Criminal Revision Petition in Crl.RC(MD)No.1316 of 2025 along with the instant miscellaneous petition, seeking suspension of sentence and bail.
3. When the matter was taken up on 13.10.2025, the learned Counsel for the Revision Petitioner submitted that the Revision Petitioner was ready to deposit 50% of the compensation amount before the Trial Court, and accordingly, the case was posted to 23.10.2025. Again, when the matter was taken up on 23.10.2025, the learned Counsel for the Revision Petitioner sought an adjournment to comply with the order dated 13.10.2025 passed by this Court, and the case was posted to 04.11.2025. When the matter was taken up on 04.11.2025, this Court 3/11
granted one week's time, with no further extension, to deposit 50% of the compensation amount before the Trial Court, and adjourned the case to 12.11.2025.
4. Today, when the matter is being taken up, Mr.G.Vishnuram, learned Counsel for the Revision Petitioner submits that in compliance with the orders dated 13.10.2025, 23.10.2025 and 04.11.2025, the Revision Petitioner has deposited 50% of the compensation amount ie., Rs.79,350/- [Rupees Seventy Nine Thousand Three Hundred Fifty only] on 07.11.2025 to the credit of C.C.No.74 of 2018, dated 28.07.2023, on the file of the Judicial Magistrate Court (FTC), (Magisterial Level), Thoothukudi. A copy of the depsosit receipt is produced before this Court and the same is taken on record. The learned Counsel further submits that the Revision Petitioner has shown his bonafides by depositing the amount in compliance with the orders passed by this Court and thus prays that the relief of suspension of sentence and bail may be granted, as failure to do so would cause great hardship to the Revision 4/11
Petitioner. The Revision Petitioner is ready to comply with all conditions imposed by this Court.
5. It was further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this criminal revision case will be finally heard and decided. He further submits that there are arguable points in this Revision and the Revision Petitioner has fair chance of success in this Criminal Revision Case. Thus, he prayed for suspension of sentence and be released on bail, till the disposal of this Criminal Revision Petition, as the Revision Petitioner was already granted bail during trial.
6. Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner has also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the revision 5/11
petitioner that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The Revision Petitioner undertakes that, in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of revision.
7. Per contra, Mr.A.S.Abul Kalam Azad, the learned Government Advocate who appeared for the State assisted this Court in the matter, has vehemently opposed the submissions made by the learned counsel for the Revision Petitioner and submits that the judgments passed by both the Courts are as per law after considering the entire evidence, thus the relief sought by the Revision Petitioner at this stage be refused by this Court.
8. Considering the arguments advanced by the learned counsel for the Revision Petitioner and the learned Government Advocate for the 6/11
State, who assisted this Court, this Court is of the view that the Trial Court has failed to appreciate the evidence on record and the judgment was passed without considering the entire materials place before it and during trial the Revision petitioner was also on bail.
9. Further, it is observed that when the accused has been under incarceration for sometime and when there are points in the revision, which favour the accused and has made compliance of the direction passed by this Court, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake if the revision results in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India in the case of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance.
10. The Revision Petitioner has raised substantial grounds in the Revision which require detailed appraisal. Further, the Revision is not 7/11
likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision petitioner is entitled to the relief of suspension of sentence and bail.
11. Accordingly, the relief of suspension of sentence and bail is granted to Revision Petitioner viz., D.Suyambu, S/o.Durai, on the following conditions:
(i) The Revision petitioner shall surrender before the Judicial Magistrate Court (FTC), (Magisterial Level), Thoothukudi, within three weeks from today and on such surrender, the Revision Petitioner is ordered to be released on bail on his executing personal bond along with two sureties for a sum of Rs.10,000/- each subject to furnishing undertaking that he will co-operate in the hearing of the present Revision.
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(ii) The Revision petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; and;
(i11) The Revision Petitioner shall appear before the Judicial Magistrate Court (FTC), (Magisterial Level), Thoothukudi, once in every month, ie., on the first working day, commencing from the month of December 2025, at 10.30 a.m., until further orders.
12. On acceptance of his bail bonds and sureties, the learned Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision.
13. The Respondent is permitted to file an application before the trial Court for withdrawal of Rs.79,350/-,(Rupees Seventy Nine Thousand Three Hundred Fifty only) which was already deposited by the Revision Petitioner on 07.11.2025 to the credit of C.C.No.74 of 2018, 9/11
dated 28.07.2023, on the file of the Judicial Magistrate Court (FTC), (Magisterial Level), Thoothukudi and if any such application is filed by the Respondent, the Trial Court is directed to disburse the said amount to the Respondent, within a period of ten days thereafter.
14. With the above directions, this Criminal Miscellaneous Petition is ordered.
12.11.2025 Nsr To:
1.II Additional District and Sessions Judge, Thoothukudi, 2.The Judicial Magistrate Court (FTC), (Magisterial Level), Thoothukudi.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SHAMIM AHMED , J.
Nsr Order made in Crl.RC.(MD)No.1316 of 2025 Dated: 12.11.2025 11/11