Vennila Vs Sadasivam

To suspend the sentence imposed upon him in C.C.No.71/2018 on the file of the learned Judicial Magistrate (Fast Track Court at Magistrate Level), Karur dated 25.11.2024, which had been confirmed in C.A.No.243/2024 on the file of the learned District and Sessions Judge, Karur by judgment dated 01.11.2025 pending disposal of the main criminal revision petition.

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Prayer for Crl.M.P(MD)No.20202/2025:

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To exempt the petitioner from surrender pursuant to the conviction and sentence imposed upon him in C.C.No.71/2018 on the file of the learned Judicial Magistrate (Fast Track Court at Magistrate Level), Karur dated 25.11.2024, which had been confirmed in C.A.No.243/2024 on the file of the learned District and Sessions Judge, Karur by judgment dated 01.11.2025 pending disposal of the main criminal revision petition.

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COMMON ORDER

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Heard Mr.R.Ramaguru, learned Counsel for the petitioner.

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Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate (Fast Track Court at Magistrate Level), Karur in C.C.No.71/2018 dated 25.11.2024, which was confirmed by District and Sessions Judge, Karur in C.A.No.243/2024, dated 01.11.2025 and to exempt the petitioner from surrendering before the Court below.

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Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate (Fast Track Court at Magistrate Level), Karur for the offence under Section 138 of the Negotiable Instruments Act in C.C.No.71/2018 dated 25.11.2024 and sentenced him to undergo one year Simple Imprisonment and to pay compensation of Rs.5,00,000/- to the respondent and sentenced to undergo one month simple imprisonment. Aggrieved, petitioner filed criminal appeal in C.A.No.243/2024 before District and Sessions Judge, Karur and the lower Appellate Court, by the judgment dated 01.11.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.1640 of 2025 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

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4.Learned Counsel for petitioner would further submit that petitioner has

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raised substantial grounds in the above revision, which requires consideration; and that he has also paid fine amount as per the order of trial Court; and that to show his bonafides, petitioner is willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence to the petitioner.

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5.Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the revision is finally heard¹ , this Court is inclined to grant suspension of sentence, bail and exempt the petitioner from surrendering before the trial court, on the following conditions, till the disposal of the above Criminal Revision:

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i) Petitioner is directed to deposit 50% of cheque amount to the credit of C.A.No.243/2024 dated 01.11.2025 on the file of District and Sessions Judge, Karur, within a period of four weeks from the date of receipt of a copy of this order, failing which the sentence suspended shall stand automatically vacated and respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

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(ii) Any amount already paid shall be deducted while reckoning 50% of cheque amount directed in clause (i);

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1 Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

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(iii) On such deposit, petitioner is directed to be enlarged on bail on his

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executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of District and Sessions Judge, Karur;

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iv) 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;

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v) Petitioner shall appear and sign before District and Sessions Judge, Karur, on the first working day of every month at 10.30 a.m., until the disposal of the revision;

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vi) In case, if petitioner is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) 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.

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6.Accordingly, these Criminal Miscellaneous Petitions are ordered.

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18-12-2025 (1/2)

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rgm

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To

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