CRL MP No. 18613 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-10-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 18613 of 2025 IN CRL RC NO. 1944 OF 2025 PREMCHANDAR S/o.Lakshminarayana Reddiyar, NO.28, Chidambaram Main Road, Cuddalore Petitioner(s) Vs SHANMUGAVEL S/o.Manickasamy, NO.11, 2nd Cross Street, Elango Nagar, Opposite Balaji Theater, Puducherry Respondent(s) PRAYER To suspend the sentence imposed on the petitioner pursuant to the judgement dated 09.06.2025 passed by the learned Principal Sessions Judge, puduchery in CRl.A.No.61 of 2023 confirming the judgement dated 24.08.2023 passed in STC.No.3639 of 2021 by the learned Judicial Magistrate II, Puducherry, pending disposal for the above criminal revision petition For Petitioner(s): V.Subramanian L.Manisha For Respondent: https://www.mhc.tn.gov.in/judis CRL MP No. 18613 of 2025 ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, to suspend the sentence imposed on the petitioner pursuant to the judgement dated 09.06.2025 passed by the learned Principal Sessions Judge, Puduchery in CRl.A.No.61 of 2023 confirming the judgement dated 24.08.2023 passed in STC.No.3639 of 2021 by the learned Judicial Magistrate II, Puducherry, pending disposal for the above criminal revision petition. 2. The petitioner herein is the accused in STC.No.3639 of 2021 by the learned Judicial Magistrate II, Puducherry, He was found guilty of the offence under Sections 138 of Negotiable Instrument Act and under Section 255(2) of Cr.P.C the accused is convicted and sentenced to undergo simple imprisonment for eight months and also directed to pay a find of Rs.10,00,000/- with interest at the rate of 9% p.a within a period of two months and in default, the complainant can recover the compensation amount as per Section 421 and 431 of Cr.P.C . Aggrieved by the same, the petitioner filed an appeal in Criminal Appeal No.61 of 2023 on the file of the Principal Sessions Judge, Puduchery https://www.mhc.tn.gov.in/judis CRL MP No. 18613 of 2025 and by order dated 09.06.2025, 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 has already deposited a sum of Rs.2,00,000/- and the same was also acknowledged by the respondent and the petitioner 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 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 https://www.mhc.tn.gov.in/judis CRL MP No. 18613 of 2025 revision, the reliefs of suspension of sentence and bail are granted on the following conditions: (a) the petitioner is directed to deposit a sum of Rs.2,00,000/- (Rupees two lakhs only), to the credit of STC.No.3639 of 2021 on the file of the learned Judicial Magistrate II, Puducherry, within a period of four weeks from the date of receipt of a copy of this order. (b) 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 Judicial Magistrate II, Puducherry, (c) 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. (d) 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 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. https://www.mhc.tn.gov.in/judis CRL MP No. 18613 of 2025 (e) On such deposit being made, the defacto complainant is permitted to withdraw the amount now deposited by the petitioner in learned Judicial Magistrate II, Puducherry and also the earlier amount totalling to Rs.4,00,000/- on proper identification, in the manner known to law. 5. With the above directions, this Criminal Miscellaneous Petition is ordered. 07-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis CRL MP No. 18613 of 2025 To 1.SHANMUGAVEL S/o.Manickasamy, NO.11, 2nd Cross Street, Elango Nagar, Opposite Balaji Theater, Puducherry https://www.mhc.tn.gov.in/judis CRL MP No. 18613 of 2025 T.V.THAMILSELVI,J. smn CRL MP No. 18613 of 2025 IN CRL RC NO. 1944 OF 2025 07-10-2025 (2/3) https://www.mhc.tn.gov.in/judis