IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-10-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 18658 of 2025 IN CRL RC NO. 1954 OF 2025 1. E.Balaji S/o.Ethiraj, No.109, Varadhammal Garden Barakha Road, Kilpauk, chennai-600 010 Petitioner(s) Vs 1. M.Aravind Bagrecha S/o.B.MadanlalBagrecha, NO.153, Vellala Street, Purasaiwalkkam, Chennai-600 084 Respondent(s) PRAYER To suspend the sentence imposed in CC.No.3204 of 2019 dated 04.08.2023 by the Learned Metropolitan Fast Track Court No.I, Egmore at Allikulam, Chennai which was confirmed by the learned VI Additional Sessions Judge, City Civil Court, Chennai in Crl.A.No.478 of 2023 dated 04.08.2025 and enlarge the petitioner on bail pending disposal of the criminal revision petition https://www.mhc.tn.gov.in/judis For Petitioner(s): Mr.R. Vivekananthan ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed in CC.No.3204 of 2019 dated 04.08.2023 by the Learned Metropolitan Fast Track Court No.I, Egmore at Allikulam, Chennai which was confirmed by the learned VI Additional Sessions Judge, City Civil Court, Chennai in Crl.A.No.478 of 2023 dated 04.08.2025 and enlarge the petitioner on bail pending disposal of the criminal revision petition 2. The petitioner herein is the accused in CC.No.3204 of 2019 on the file of the Learned Metropolitan Fast Track Court No.I, Egmore at Allikulam, Chennai He was found guilty of the offence under Section 138 of Negotiable Instruments Act and sentenced the accused to undergo simple imprisonment for one year under Section 357(3) of Cr.P.C and accused shall undergo one year simple imprisonment. Compensation of the cheque amount shall be paid to the https://www.mhc.tn.gov.in/judis complainant calculating the amount mentioned in the complaint within one month indefault accused shall undergo simple imprisonment of 3 months and the same is imposed U/s 255 (2) of Cr.P.C Aggrieved by the same, the petitioner filed an appeal in Crl.A No.478 of 2024, and by order dated 04.08.2025, the learned VI Additional Sessions Judge, Chennai, dismissed the appeal, thereby confirming the judgment and sentence imposed by the trial Court. Hence, the present revision has been filed. 3.The learned counsel for the petitioner/accused submitted that he is having a valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He also submitted that the petitioner is a street vendor and he is ready to abide the condition imposed by this Court. 4. Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the https://www.mhc.tn.gov.in/judis submissions of the learned counsel for the petitioner, further this Criminal revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal revision, the reliefs of suspension of sentence and bail are granted on the following conditions: (a) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Metropolitan Fast Track Court No.I, Egmore at Allikulam, Chennai. (b) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhar Cards or Bank Pass Books to ensure their identities. (c) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal revision and if he is not able to appear before the trial Court on any https://www.mhc.tn.gov.in/judis day, he shall make arrangements to file an application under Section 355 of BNSS, 2023, 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. 5. With the above directions, this Criminal Miscellaneous Petition is ordered. 09-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis To 1. The Learned Metropolitan Fast Track Court No.I, Egmore at Allikulam, Chennai 2. The learned VI Additional Sessions Judge, City Civil Court, Chennai 3. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI J. smn CRL MP No. 18658 of 2025 IN CRL RC NO. 1954 OF 2025 09-10-2025 2/2 https://www.mhc.tn.gov.in/judis