Madras High Court
S.A.Saleem vs Abdul Rahman on 31 October, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.29687 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.29687 of 2025
S.A.Saleem ... Petitioner
Vs.
Abdul Rahman ... Respondent
PRAYER : Criminal Original Petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside the
order dated 16.10.2025 in M.P.No.1 of 2025 in C.A.No.1258 of 2025, on
the file of the learned XXI Additional Sessions Judge, Allikulam, Chennai.
For Petitioner : Mr.G.Kalyan Jhabakh
Assisted by Mr.J.Ranjith Kumar
for M/s.Surana and Surana
ORDER
This Criminal Original Petition has been filed seeking to set aside
the order passed by the XXI Additional Sessions Court, Allikulam,
Chennai, dated 16.10.2025, in M.P.No.1 of 2025 in C.A.No.1258 of 2025,
dismissing the petition seeking suspension of sentence.
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2. The submissions of the learned counsel appearing for the
petitioner are as follows :-
2.1. The complaint under Section 138 of the Negotiable
Instruments Act was filed by the respondent against the petitioner before
the learned XXXV Metropolitan Magistrate, FTC-II, Egmore, Allikulam,
Chennai, in S.T.C.No.353 of 2025.
2.2. On 08.10.2025, the trial Court found the
petitioner/accused guilty, convicted him and sentenced him to undergo one
year simple imprisonment and further directed him to pay a sum of
Rs.50,00,000/- as compensation within 30 days, in default to undergo two
months simple imprisonment.
2.3. Due to his illness, the petitioner was unable to appear
before the trial Court on the date of judgment. However, within three days
from the date of judgment i.e., on 11.10.2025, the petitioner preferred an
appeal in C.A.No.1258 of 2025 along with a petition in M.P.No.1 of 2025
seeking suspension of sentence.
2.4. On 16.10.2025, the learned XXI Additional Sessions
Judge, Chennai holding that the petitioner did not appear before the trial
Court on the date of judgment, dismissed the petition seeking suspension of
sentence.
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2.5. The petitioner has got a good case on merits and without
prejudice to his rights and contentions, he is willing to deposit 20 % of the
compensation amount. The petitioner also undertakes to cooperate for the
early disposal of the appeal without causing any delay. Hence, he prayed to
set aside the order passed in M.P.No.1 of 2025 and to grant suspension of
sentence.
3. Heard the learned counsel appearing for the petitioner and
perused the materials available on record.
4. Taking into consideration the facts and circumstances of the
case and the submissions made by the learned counsel for the petitioner,
this Court is inclined to suspend the sentence granted to the petitioner on
certain conditions.
5. Accordingly, the order passed by the learned XXI Additional
Sessions Judge, Chennai, in M.P.No.1 of 2025 in C.A.No.1258 of 2025,
dated 16.10.2025, is set aside and the sentence of imprisonment imposed on
the petitioner in S.T.C.No.353 of 2025 dated 08.10.2025 is suspended on
the following conditions :
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i. The petitioner/appellant shall execute a bond for a
sum of Rs.5,000/- (Rupees Five Thousand only),
with two sureties, each for a like sum to the
satisfaction of the learned XXXV Metropolitan
Magistrate, FTC-II, Egmore, Allikulam, Chennai;
ii. The petitioner/appellant shall deposit 20 % of the
compensation amount to the credit of
S.T.C.No.353 of 2025, on the file of the learned
XXXV Metropolitan Magistrate, FTC-II, Egmore,
Allikulam, Chennai, within a period of two weeks
from the date of receipt of a copy of this order;
iii. The petitioner/appellant shall appear before the
Appellate Court on the first working day of every
English calendar month at 10.30 a.m., until further
orders.
6. With the above observations, this Criminal Original Petition
stands disposed of.
31.10.2025
ham
Neutral Citation:Yes/No
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To
1. The XXI Additional Sessions Judge,
Allikulam, Chennai.
2. The XXXV Metropolitan Magistrate,
FTC-II, Egmore, Allikulam, Chennai.
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A.D.JAGADISH CHANDIRA, J.
ham
31.10.2025
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