Madras High Court
G.Thangamani vs G.Boomathi on 15 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.17155 of 2025 in
Crl.RC.No.1683 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.17155 of 2025
in Crl.RC.No.1683 of 2025
G.Thangamani .... Petitioner
Vs
G.Boomathi .... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of
BNSS, to suspend the sentence made under the Judgment dated 18.08.2025 in
Crl.A.No.16 of 2025, on the file of Learned II Additional District and Sessions
Judge, Tiruchengode, confirming the conviction and sentence made in the
Judgment dated 21.06.2024 made in S.T.C.No.187 of 2022, on the file of
Judicial Magistrate (FTC) Tiruchengode pending disposal of the above
Criminal Revision Petition.
For Petitioner : Mr.W.Camyles Gandhi
1/6
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Crl.M.P.No.17155 of 2025 in
Crl.RC.No.1683 of 2025
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner,
seeking suspension of sentence made under the Judgment dated 18.08.2025 in
Crl.A.No.16 of 2025, on the file of Learned II Additional District and Sessions
Judge, Tiruchengode, confirming the conviction and sentence made in the
Judgment dated 21.06.2024 made in S.T.C.No.187 of 2022, on the file of
Judicial Magistrate (FTC) Tiruchengode pending disposal of the above
Criminal Revision Petition.
2.The petitioner herein is the accused in S.T.C.No.187 of 2022 on the file
of 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.5,00,000/-, in default of payment of compensation, the
petitioner shall undergo one month simple imprisonment as default sentence.
Aggrieved by the same, the petitioner had filed an appeal in Crl.A.No.16 of
2025 and the II Additional District and Sessions Judge, Tiruchengode by order
dated 18.08.2025, 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.
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3.The learned counsel for the petitioner/accused would submit that there
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 and the petitioner is ready to abide any
condition to be imposed by this Court.
4.Heard the learned counsel 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:
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Crl.M.P.No.17155 of 2025 in
(i) the petitioner shall deposit a sum of Rs.1,00,000/-
(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.187 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
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Crl.M.P.No.17155 of 2025 in
the trial Court may obtain a copy of their Aadhar card or Bank
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
To
1.The Judicial Magistrate (FTC), Tiruchengode.
2.The II Additional District and Sessions Judge, Tiruchengode.
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Crl.M.P.No.17155 of 2025 in
T.V.THAMILSELVI, J.
pam
15.09.2025
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