IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 07.11.2025 Coram: The Honourable Mrs.Justice T.V.THAMILSELVI Crl.M.P.No.20812 of 2025 in Crl.R.C.No.2289 of 2025 Pakkirisamy ...Petitioner Versus Natarajan ...Respondent Prayer: This Criminal Miscellaneous Petition is filed under Section 438(1) of BNSS, 2023 praying to suspend the sentence made under Judgment dated 08.10.2025 made in Crl.A.No.9 of 2025 on the file of the learned Principal District and Sessions Judge, Thiruvaur confirming the conviction and sentence in the Judgment dated 13.02.2023 made in S.T.C.No.1061 of 2016 on the file of learned Judicial Magistrate, Thiruvarur and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition. For Petitioner : Mr.W.Camyles Gandhi 1/7 https://www.mhc.tn.gov.in/judis ORDER This Criminal Miscellaneous Petition has been filed by the petitioner seeking to suspend the sentence imposed on the petitioner by the learned Judicial Magistrate, Thiruvarur vide Judgment dated 13.02.2023 in S.T.C.No.1061 of 2016 which was confirmed by the learned Principal District and Sessions Judge, Thiruvarur vide Judgment dated 08.10.2025 in Crl.A.No.9 of 2025 and enlarge him on bail pending disposal of the Criminal Revision Case. 2. The petitioner is an accused in S.T.C.No.1061 of 2016 on the file of Judicial Magistrate Court, Thiruvarur. The petitioner/accused was found guilty of the offence under Section 138 of the Negotiable Instruments Act, 1881. Therefore, the trial Court vide Judgment dated 13.02.2023 in S.T.C.No.1061 of 2016, convicted the petitioner/accused and sentenced him to undergo simple imprisonment for a period of 6 months and to pay the cheque amount of Rs.4,60,000/- as compensation to respondent/complainant. Aggrieved by the said conviction and sentence, petitioner/accused had preferred a Criminal Appeal in Crl.A.No.9 of 2025 before Principal District 2/7 https://www.mhc.tn.gov.in/judis and Sessions Court, Thiruvarur. However, the Appellate Court vide Judgment dated 08.10.2025, dismissed the said Criminal Appeal and confirmed the judgment of trial Court. Hence, the petitioner/accused has filed the present Criminal Revision Case before this Court. 3. The learned counsel for the petitioner/accused submitted that the Aunt of petitioner/accused had obtained a sum of Rs.1,55,000/- as loan from respondent/complainant and the petitioner/accused who stood as a guarantor for the loan obtained by his Aunt had issued the disputed cheque to respondent/complainant as security for the said loan. Though the said loan amount was repaid by the Aunt of petitioner/accused, respondent/complainant had misused the cheque which was issued by petitioner/accused. 3.1. It is also submitted by the learned counsel for petitioner/accused that petitioner/accused has a fair chance of succeeding in the Criminal Revision Case and he is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel prayed that the substantive sentence 3/7 https://www.mhc.tn.gov.in/judis imposed on the petitioner/accused may be suspended. 4. Heard the learned counsel for petitioner/accused and perused the materials available on record. 5. Considering the submissions made by the learned counsel for the petitioner/accused coupled with the quantum of punishment imposed on the petitioner/accused and taking into consideration of the fact that the Criminal Revision Case is likely to be taken up for final hearing in the near future, this Court is inclined to suspend the substantive sentence of imprisonment alone. 6. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions: (i) The petitioner/accused shall deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of S.T.C.No.1061 of 2016 on the file of Judicial Magistrate Court, Thiruvarur, within a period of four weeks from the date of receipt of a copy of this order, failing which, this order shall stand automatically cancelled. 4/7 https://www.mhc.tn.gov.in/judis (ii) On such deposit being made, the trial Court shall re- deposit 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. (iii) If the petitioner/accused fails to deposit the aforesaid amount, it is open to the trial Court to commit the petitioner/accused into custody for undergoing the sentence. (iv) The sentence of imprisonment imposed on the petitioner/accused shall be suspended and the petitioner/accused shall be released on bail on condition that he shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a likesum to the satisfaction of the trial Court; (v) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the trial Court may obtain a copy of their Aadhaar Card or Bank Pass Book and their mobile numbers to ensure their identity; (vi) The petitioner/accused 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 Criminal Revision Case 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 5/7 https://www.mhc.tn.gov.in/judis 355 of BNSS, 2023 and shall appear before the trial Court on any other day in lieu of his absence, as directed by the trial Court. 7. With the above directions, this Criminal Miscellaneous Petition is allowed. 07.11.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order To 1.The Judicial Magistrate, Thiruvarur. 2.The Principal District and Sessions Judge, Thiruvarur. 3.The Public Prosecutor, High Court, Madras. 6/7 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. mrr Crl.M.P.No.20812 of 2025 in Crl.R.C.No.2289 of 2025 07.11.2025 7/7 https://www.mhc.tn.gov.in/judis