Revathi Vs Elavarasi

Prayer: Petition filed under section 438(1) of BNSS, 2023 seeking to suspend the sentence passed in C.A.No.183 of 2024 on the file of the Addl. District and Sessions Judge, Attur, dated 28.04.2026, confirming the judgment passed in S.T.C.No.181 of 2022 on the file of the Judicial Magistrate (Fast Track), Attur, dated 28.06.2024 pending disposal of the Revision.

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For Petitioner: Mr.C. Veera Raghavan For Respondent: No appearance

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ORDER

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This Criminal Miscellaneous Petition has been filed by the Revision Petitioner, praying to suspend the sentence imposed upon him in S.T.C.No.181 of 2022, dated 28.06.2024 passed by the learned Judicial Magistrate (Fast Track), Attur, as confirmed in Criminal Appeal No.183 of 2024, dated 28.04.2026, passed by the learned Addl. District and Sessions Judge, Attur to enlarge the Petitioner/Appellant on bail pending disposal of the Criminal

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

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CRL MP No. 9560 of 2026

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Revision Case.

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2.By the impugned judgement of conviction and sentence and order of the Trial Court, the Revision Petitioner was convicted for offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for a period of six months and to pay the compensation of Rs.3,00,000/- to the complainant, in default, to undergo one month Simple Imprisonment.

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3.Challenging the above said judgement of conviction and sentence and order, the Revision Petitioner has filed the above Criminal Revision, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail pending disposal of the Criminal Revision.

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4.This Court heard Mr.C. Veera Raghavan, learned counsel appearing for the Revision Petitioner and considered his submissions and also perused materials placed before this Court.

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5.The learned counsel for the Revision Petitioner has submitted that the petitioner has borrowed a sum of Rs.3,00,000/- towards her urgent needs and in order to repay the said amount, the petitioner issued a cheque and when the same was presented before the Bank for encashment, it was returned with

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CRL MP No. 9560 of 2026

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an endorsement ‘Fund Insufficient’ on 26.04.2022. After issuance of statutory notice, since the petitioner has not repaid the cheque amount, a complaint was filed before the trial Court against the revision petitioner under section 138 of

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the Negotiable Instruments Act. Though the petitioner has taken a specific stand that the petitioner never borrowed any money from the respondent and there is no legally enforceable debt as mentioned in the complaint from the respondent, the courts below failed to consider the same. Further the complainant/respondent herein has failed to examine the bank official, in order to prove respondent’s case that she has lent such a huge sum of money to the petitioner and the same would clearly go to show that the respondent never paid any money to the petitioner . Therefore, the judgment rendered by both the Courts below are liable to be set aside. It was further argued that the judgment passed by both the Courts below was based on surmises and conjectures without considering the entire evidence on record.

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6.It is 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. It is further submitted that there are arguable points in this Criminal Revision Case and the Revision Petitioner has a fair chance of success in this Criminal Revision Case. Thus, the learned counsel for the Revision Petitioner prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Petition.

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CRL MP No. 9560 of 2026

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7.Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have 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 Petitioner that she 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 undertake that in case she is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of Revision.

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8.Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned counsel for the Respondent, 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 placed before it and during the Trial the Revision Petitioner was also on bail.

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9.Further, it is observed that when the accused had been under incarceration for sometime and when there are points in the Revision, which favour the accused, 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

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

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CRL MP No. 9560 of 2026

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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.

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10.The Revision Petitioner has raised substantial grounds in the Revision,

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which require detailed appraisal. Further, the Revision is not 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.

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11.Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, Revathi, , on the following conditions:-

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‘’ (i) The Revision Petitioner shall surrender before the

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learned Judicial Magistrate (Fast Track), Attur within three weeks

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from the date of receipt of a copy of this order and on such surrender, the Revision Petitioner is ordered to be released on bail, on her executing a personal bond, along with two sureties for a sum of Rs.15,000/- (Rupees fifteen thousand only), subject to furnishing an undertaking that she will co-operate in the hearing of the present Revision.

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CRL MP No. 9560 of 2026

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(ii) The Revision Petitioner and sureties shall affix their

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Photographs and Left Thumb Impression in the bond and the above

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said Court may obtain a copy of their Aadhaar card or Bank pass

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Book to ensure their identity.

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(iii) The Petitioner shall appear before the learned Judicial Magistrate (Fast Track), Attur once in every month, i.e., on 5^th day of every month commencing from the month of August 2026

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at 10.30 a.m., until further orders.

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(iv) On acceptance of her bail bond and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision.

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(v) The realization of the fine amount, if any, shall also

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remain suspended during the pendency of the present Revision.’’

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