Madras High Court
Ganesan vs P.Narayanasamy on 15 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.17144 of 2025 in
Crl.RC.No.1681 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.17144 of 2025
in Crl.RC.No.1681 of 2025
1.Ganesan
2.G.K.Garments
Rep. by its Proprietor,
P.Ganesan,
5/185, Othakkadai,
Pollikkalipalayam Post,
Tiruppur,
Tiruppur Taluk & District. .... Petitioner(s)
Vs
P.Narayanasamy .... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS
Act, to suspend the sentence imposed on the petitioner by the Judgment dated
12.06.2025 passed in Crl.A.No.88 of 2016 on the file of III Additional District
& Sessions Court, Dharapuram, confirming the Judgment dated 20.07.2016
passed in STC.No.2951 of 2011 on the file of the Judicial Magistrate Court,
Kangeyam and enlarge the petitioner on bail, pending disposal of the above
Crl.R.C.
For Petitioner : Mr.K.Govi Ganesan
1/6
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Crl.M.P.No.17144 of 2025 in
Crl.RC.No.1681 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioners,
seeking suspension of sentence imposed on the petitioners by the judgment
dated 12.06.2025 passed in Crl.A.No.88 of 2016 on the file of III Additional
District & Sessions Court, Dharapuram, confirming the Judgment dated
20.07.2016 passed in STC.No.2951 of 2011 on the file of the Judicial
Magistrate Court, Kangeyam and enlarge the petitioner on bail, pending
disposal of the above Criminal Revision.
2.The petitioners herein is the accused in STC.No.2951 of 2011 on the
file of the Judicial Magistrate Court, Kangeyam. He was found guilty of the
offence under Section 138 of the Negotiable Instruments Act and he has been
convicted and sentenced to undergo simple imprisonment for six months and to
pay the fine of Rs.5,000/-, in default of payment of fine, the petitioner shall
undergo a simple imprisonment for a period of 30 days as default sentence.
Aggrieved by the same, the petitioners had filed an appeal in Crl.A.No.88 of
2016 and the III Additional District and Sessions Judge, Dharapuram, by order
dated 12.06.2025, 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 petitioners/accused would submit that there
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Crl.M.P.No.17144 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 petitioners and also
perused the materials placed on record.
5.Considering the submissions of the learned counsel for the petitioners,
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 petitioners shall deposit a sum of Rs.1,00,000/-
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Crl.M.P.No.17144 of 2025 in
(Rupees one lakh only), after deducting the amount which was
already deposited by the petitioners, if any, to the credit of
STC.No.2951 of 2011 on the file of Judicial Magistrate Court,
Kangeyam, 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 petitioners/accused depositing
the above said amount, it is open to the trial Court to commit the
petitioners/accused into custody for undergoing the sentence.
(iv) On the petitioners depositing the amount as stated
clause (i) supra, the sentence of imprisonment alone, imposed on
the petitioners/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 petitioners 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
pass Book and mobile numbers to ensure their identity;
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Crl.M.P.No.17144 of 2025 in
(vi) The petitioners 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.17144 of 2025 in
T.V.THAMILSELVI, J.
pam
To
1.The III Additional District and Sessions Judge, Dharapuram.
2.The Judicial Magistrate Court, Kangeyam.
15.09.2025
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