Madras High Court
Azhagarasan vs Ganesan on 15 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.17146 of 2025 in
Crl.RC.No.1682 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.M.P.No.17146 of 2025
in Crl.RC.No.1682 of 2025
Azhagarasan .... Petitioner
Vs
Ganesan .... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 438 (1) of
BNSS, Act, 2023 to suspend the sentence imposed by the II Additional District
and Sessions Judge, Tiruchengode in C.A.No.158 of 2024 dated 05.04.2025
confirming the Judgment passed by the learned Judicial Magistrate (FTC),
Tiruchengode in S.T.C.No.166 of 2022 dated 27.06.2024 and enlarge the
petitioner on bail pending disposal of the above Criminal Revision Petition.
For Petitioner : Mr.C.Munusamy
1/6
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Crl.M.P.No.17146 of 2025 in
Crl.RC.No.1682 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner,
seeking suspension of sentence imposed by the II Additional District and
Sessions Judge, Tiruchengode in Crl.A.No.158 of 2024 dated 05.04.2025
confirming the Judgment passed by the learned Judicial Magistrate (FTC),
Tiruchengode in S.T.C.No.166 of 2022 dated 27.06.2024 and enlarge the
petitioner on bail pending disposal of the above Criminal Revision Petition.
2.The petitioner herein is the accused in S.T.C.No.166 of 2022 on the file
of the learned Judicial Magistrate (FTC), Tiruchengode. He was found guilty
of the offence under Section 138 of the Negotiable Instruments Act and he has
been convicted and sentenced to undergo one year simple imprisonment and to
pay the compensation of Rs.25,00,000/-, in default of payment of
compensation, the petitioner shall undergo a simple imprisonment for a period
of one month as default sentence. Aggrieved by the same, the petitioner had
filed an appeal in C.A.No.158 of 2024 and the II Additional District and
Sessions Judge, Tiruchengode, by order dated 05.04.2025, had dismissed the
above appeal, confirming the judgment and sentence imposed by the trial Court.
Aggrieved by the same, the present revision has been filed.
3.The learned counsel for the petitioner/accused would submit that there
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Crl.M.P.No.17146 of 2025 in
are arguable points available in the Criminal Revision Case and the
petitioner/accused has got a fair chance of succeeding in the Criminal Revision
Case and hence, the substantive sentence imposed against the
petitioner/accused may be suspended. He would submit that the petitioner is
ready to abide any condition to be imposed by this Court.
4.Heard the learned counsel appearing for the petitioner and also perused
the materials placed on record.
5.Considering the submissions of the learned counsel for the petitioner,
coupled with the quantum of punishment imposed upon the petitioner and
taking into consideration the fact that 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 Case, the
reliefs of suspension of sentence and bail are granted on the following
conditions:
(i) the petitioner shall deposit a sum of Rs.1,00,000/-
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Crl.M.P.No.17146 of 2025 in
(Rupees one lakh only), after deducting the amount which was
already deposited by the petitioner, if any, to the credit of
S.T.C.No.166 of 2022 on the file of Judicial Magistrate (FTC),
Tiruchengode, within a period of four weeks from today. Failing
which, the order passed by this Court shall stand automatically
cancelled.
(ii) On such deposit being made, the trial Court shall
redeposit 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) On the failure of the petitioner/accused depositing the
above said amount, it is open to the trial Court to commit the
petitioner/accused into custody for undergoing the sentence.
(iv) On the petitioner depositing the amount as stated clause
(i) supra, the sentence of imprisonment alone, imposed on the
petitioner/accused, shall be suspended, on his execution of a bond
for a sum of Rs.25,000/- with two sureties, each for a likesum to
the satisfaction of the trial court;
(v) The petitioner and the sureties shall affix their
photographs and Left Thumb Impression in the surety bond and
the trial Court may obtain a copy of their Aadhar card or Bank
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Crl.M.P.No.17146 of 2025 in
pass Book and mobile numbers to ensure their identity;
(vi) The petitioner 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 the revision petition 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;
6.With the above directions, this Criminal Miscellaneous Petition is
ordered.
15.09.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
pam
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Crl.M.P.No.17146 of 2025 in
T.V.THAMILSELVI, J.
pam
To
1.The II Additional District and Sessions Judge, Tiruchengode.
2.The Judicial Magistrate (FTC), Tiruchengode.
15.09.2025
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