T. Ragavendhiran Vs S.Manivannan

To suspend the sentence imposed on the petitioner by the judgment dated 03.02.2025 passed in C.A.No.22 of 2024 on the file of the Additional District and Sessions Judge, Fast Track Court, Kumbakonam, Thanjavur District confirming the judgment dated 13.12.2023 passed in S.T.C.No.230 of 2021 on the file of the Judicial Magistrate No.1, Kumbakonam, Thanjavur District and enlarge the petitioner on bail pending disposal of the above criminal revision petition.

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ORDER

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Heard Mr.S.Arivalagan, learned counsel for petitioner and Mr.M.Ravi,

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learned counsel for respondent.

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

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Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate No.I, Kumbakonam in S.T.C.No.230 of 2021 dated 13.12.2023, which was confirmed by Additional District and Sessions Judge (FTC), Kumabkonam in C.A.No.22 of 2024 dated 03.02.2025.

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Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate No.I, Kumbakonam for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.230 of 2021 dated 13.12.2023 and sentenced him to undergo two years simple imprisonment and to pay compensation of Rs.8,00,000/- to respondent. Aggrieved, petitioner filed criminal appeal in C.A.No.22 of 2024 before Additional District and Sessions Judge (FTC), Kumabkonam and the lower Appellate Court, by judgment dated 03.02.2025, dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.5 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

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Learned counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and that to show his bonafides, petitioner is willing to deposit 50% of the cheque

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

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amount, before the trial Court. Hence, he prayed for granting suspension of sentence and bail to petitioner.

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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 and bail 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 S.T.C.No.230 of 2021 dated 13.12.2023 on the file of Judicial Magistrate No.I, Kumbakonam, 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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(iii) On such deposit, petitioner is directed to be enlarged on bail on his 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 Judicial Magistrate No.I, Kumbakonam;

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

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

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Aadhaar card or Bank pass Book to ensure their identity;

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v) Petitioner shall appear and sign before Judicial Magistrate No.I, Kumbakonam, 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 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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Learned counsel for the respondent would submit that respondent may be permitted to withdraw the cheque amount deposited by the petitioner before the Trial Court.

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In view thereof, the respondent is permitted to withdraw the cheque amount deposited by petitioner by filing appropriate application before the trial Court. Accordingly, the Criminal Miscellaneous Petition is ordered.

06-01-2026

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