N.Manikandan Vs C.a.Yuvaraj

PRAYER : Criminal Miscellaneous Petition filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed in the judgment dated 20.11.2024 made in C.A.No.246 of 2018 on the file of the learned I Additional Session Judge, Erode, confirming the conviction imposed in judgment dated 04.04.2018 made in S.T.C.No.233 of 2017 on the file of the learned Judicial Magistrate Fast Track Court No.1, Erode and enlarge the petitioner on bail pending disposal of the above revision petition before this Court.

¶12

For Petitioner : Mr.M.Guruprasad

¶13

ORDER

¶14

1/6

¶15

https://www.mhc.tn.gov.in/judis

¶16

Crl.M.P No.10274 of 2025 in Crl.R.C.No.638 of 2025

¶17

This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed in the judgment dated 20.11.2024 made in C.A.No.246 of 2018 on the file of the learned I Additional Session Judge, Erode, confirming the conviction imposed in judgment dated 04.04.2018 made in S.T.C.No.233 of 2017 on the file of the learned Judicial Magistrate Fast Track Court No.1, Erode and enlarge the petitioner on bail pending disposal of the above revision petition before this Court.

¶18

The petitioner herein is the accused in S.T.C.No.233 of 2017 on the file of the learned Judicial Magistrate Fast Track Court No.1, Erode. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo simple imprisonment for a period of six months and to pay a compensation of Rs.3,69,200/- to the complainant, in default to undergo one month of simple imprisonment. Aggrieved by the same, the petitioner had filed appeal in C.A No.246 of 2018 and the learned I Additional Sessions Judge, Erode by the judgment and decree dated 20.11.2024 had dismissed the above appeal. Aggrieved by the same, the present revision has been filed.

¶19

2/6

¶20

https://www.mhc.tn.gov.in/judis

¶21

Crl.M.P No.10274 of 2025 in Crl.R.C.No.638 of 2025

¶22

The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition imposed by this Court.

¶23

Heard the learned counsel appearing for the petitioner and also

¶24

perused the materials placed on record.

¶25

Considering the fact that the petitioner has raised substantial grounds in the above revision, which requires consideration, this Court is inclined to grant suspension of sentence on the following conditions, till the disposal of the above Criminal Revision:

¶26

(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit the entire cheque amount of Rs.3,69,200/- to the credit of S.T.C.No.233 of 2017 on the file of the learned Judicial Magistrate Fast Track

¶27

3/6

¶28

https://www.mhc.tn.gov.in/judis

¶29

Crl.M.P No.10274 of 2025 in Crl.R.C.No.638 of 2025

¶30

Court No.1, Erode, within a period of four weeks from today (i.e.10.06.2025)

¶31

(ii) On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case;

¶32

(iii) Thereafter, the sentence of imprisonment alone, imposed on the petitioner/accused shall be suspended, on his executing a bond for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;

¶33

(iv) The petitioner and 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 and mobile numbers to ensure their identity;

¶34

(v) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition 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 of BNSS, 2023 and shall

¶35

4/6

¶36

https://www.mhc.tn.gov.in/judis

¶37

Crl.M.P No.10274 of 2025 in Crl.R.C.No.638 of 2025

¶38

appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court;

¶39

(vi) On the failure of the petitioner/accused, depositing the above said amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence.

¶40