IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 25.10.2025 Coram: The Honourable Mrs.Justice T.V.THAMILSELVI Crl.M.P.No.19588 of 2025 in Crl.R.C.No.700 of 2025 1.M/s.GK CNC AXIS Solutions Represented by Partner Mr.K.L.Kumar No.154, A/B, Old No.6 A/B, Ground Floor, Mahatma Gandhi Road, 8th Cross Street, Tass Industrial Estate, Ambattur Telephone Exchange, Chennai – 600 098. 2.Mr.K.L.Kumar ...Petitioners Versus Mr.A.Vinod ...Respondent Prayer: This Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023 praying to suspend the substantive sentence imposed upon the 1/8 https://www.mhc.tn.gov.in/judis petitioners by the Judgment passed on 14.02.2024 made in STC.No.2377 of 2023 passed by the 25th Metropolitan Magistrate Court, Egmore, Chennai and confirmed by the learned XV Additional Sessions Judge, Chennai in C.A.No.181 of 2024 dated 21.02.2025 and to enlarge the 2nd petitioner on bail. For Petitioners : Mr.I.Abrar MD Abdullah ORDER This Criminal Miscellaneous Petition has been filed by the petitioners seeking to suspend the sentence imposed on 2nd petitioner/Accused No.2 by the learned XXV Metropolitan Magistrate, Egmore, Chennai vide Judgment dated 14.02.2024 in S.T.C.No.2377 of 2023 which was confirmed by the learned XV Additional Sessions Judge, Chennai vide Judgment dated 21.02.2025 in C.A.No.181 of 2024 and to enlarge 2nd petitioner/Accused No.2 on bail pending disposal of the above Criminal Appeal. 2. The petitioners 1 & 2 are Accused Nos.1 & 2 in S.T.C.No.2377 of 2023 on the file of XXV Metropolitan Magistrate Court, Egmore, Chennai. The petitioners/accused were found guilty of the offence under Section 138 of the Negotiable Instruments Act. Therefore, the trial Court vide Judgment 2/8 https://www.mhc.tn.gov.in/judis dated 14.02.2024 in S.T.C.No.2377 of 2023, convicted the 2nd petitioner/Accused No.2 and sentenced him to undergo simple imprisonment for a period of 6 months and the petitioners/accused shall pay a sum of Rs.10,00,000/- as compensation to the respondent/complainant jointly or individually, in default, 2nd petitioner/Accused No.2 shall undergo 1 month simple imprisonment. Challenging the said judgment of the trial Court, the petitioners/accused have preferred a Criminal Appeal in C.A.No.181 of 2024 before the XV Additional Sessions Court, Chennai. However, the Appellate Court vide Judgment dated 21.02.2025, dismissed the said Criminal Appeal and confirmed the judgment of the trial Court. Aggrieved by the same, petitioners/accused have filed the present Criminal Revision before this Court. 3. The learned counsel for the petitioners/accused submitted that the Courts below have failed to consider the Reply Notice dated 27.01.2023 sent to the respondent/complainant by the petitioners/accused as well as the documents which were marked as Exhibits on the side of petitioners/accused. 3/8 https://www.mhc.tn.gov.in/judis 3.1. It is further submitted by the learned counsel for the petitioners/accused that without properly appreciating the evidence of P.W.1, the Courts below have convicted the 2nd petitioner/Accused No.2. 3.2. It is also submitted by the learned counsel for the petitioners/accused that 2nd petitioner/Accused No.2 has a fair chance of succeeding in the Criminal Revision and he is ready to abide any condition to be imposed by this Court. Therefore, the learned counsel for the petitioners/accused prayed that the substantive sentence imposed on 2nd petitioner/Accused No.2 may be suspended. 4. Heard the learned counsel for the petitioners/accused and perused the materials available on record. 5. Considering the submissions made by the learned counsel for the petitioners/accused coupled with the quantum of punishment imposed on the 2nd petitioner/Accused No.2 and taking into consideration of the fact that 4/8 https://www.mhc.tn.gov.in/judis the Criminal Revision 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, the reliefs of suspension of sentence and bail are granted on the following conditions: (i) The 2nd petitioner/Accused No.2 shall deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs only), after deducting the amount which was already deposited by him, if any, to the credit of S.T.C.No.2377 of 2023 on the file of XXV Metropolitan Magistrate Court, Egmore, Chennai, 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. (ii) On such deposit being made, respondent/complainant is permitted to withdraw Rs.3,00,000/- (Rupees Three Lakhs only) from the total amount of Rs.4,00,000/- deposited by 2nd petitioner/Accused No.2 in S.T.C.No.2377 of 2023 on the file of XXV Metropolitan Magistrate Court, Egmore, Chennai, on proper identification, in the manner known to law. 5/8 https://www.mhc.tn.gov.in/judis (iii) If the 2nd petitioner/Accused No.2 fails to deposit the aforesaid amount, it is open to the trial Court to commit the 2nd petitioner/Accused No.2 into custody for undergoing the sentence. (iv) The sentence of imprisonment imposed on the 2nd petitioner/Accused No.2 shall be suspended and 2nd petitioner/Accused No.2 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 2nd petitioner/Accused No.2 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 2nd petitioner/Accused No.2 shall appear before the trial Court on the first working day of every English Calendar month at 10.30 a.m. for a period of six months 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 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. 6/8 https://www.mhc.tn.gov.in/judis 7. With the above directions, this Criminal Miscellaneous Petition is allowed. 25.10.2025 mrr Index: Yes/No Speaking Order (or) Non-Speaking Order Note: Registry is directed to tag Crl.R.C.No.700 of 2025 along with other connected Criminal Revision Cases and list the same for hearing on 02.12.2025. To 1.The XXV Metropolitan Magistrate, Egmore, Chennai. 2.The XV Additional Sessions Judge, Chennai. 3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis T.V.THAMILSELVI, J. mrr Crl.M.P.No.19588 of 2025 in Crl.R.C.No.700 of 2025 25.10.2025 8/8 https://www.mhc.tn.gov.in/judis