Madras High Court
C.Jeyasingh vs M.Seenivasan on 22 September, 2025
Author: T.V.Thamilselvi
Bench: T.V.Thamilselvi
Crl.M.P.No.17640 of 2025 in
Crl.RC.No.538 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2025
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI
Crl.M.P.No.17640 of 2025
in Crl.RC.No.538 of 2025
C.Jeyasingh .... Petitioner
Vs
M.Seenivasan .... Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of
BNSS, to suspend the sentence imposed by the Hon'ble V Additional Sessions
Judge, Chennai in judgment and order of conviction dated 10.03.2025 in
Crl.A.No.453 of 2024 in S.T.C.No.5500 of 2022 Metropolitan Magistrate, Fast
Track No.02, Egmore @ Allikulam and enlarge the petitioner on bail.
For Petitioner : Mr.R.C.Paul Kanagaraj
For Respondent : Mr.C.Prasanna Venkatesh
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner,
seeking suspension of sentence imposed by the learned V Additional Sessions
Judge, Chennai in judgment and order of conviction dated 10.03.2025 in
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Crl.M.P.No.17640 of 2025 in
Crl.A.No.453 of 2024 in S.T.C.No.5500 of 2022 on the file of the Metropolitan
Magistrate, Fast Track No.02, Egmore @ Allikulam and enlarge the petitioner
on bail.
2.The petitioner herein is the accused in S.T.C.No.5500 of 2022 on the
file of Metropolitan Magistrate, Fast Track No.02, Egmore @ Allikulam. He
was found guilty of the offence under Section 138 & 142 of the Negotiable
Instruments Act and he has been convicted and sentenced to undergo simple
imprisonment for six months and to pay the compensation of Rs.9,34,000/-, in
default of payment of compensation, the petitioner shall undergo two months
simple imprisonment. Aggrieved by the same, the petitioner had filed an appeal
in Crl.A.No.453 of 2024 and the V Additional Sessions Judge, Chennai by
order dated 10.03.2025, 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
are arguable points available in the Criminal Revision Case and the
petitioner/accused has got a fair chance of succeeding in the Criminal Revision
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Crl.M.P.No.17640 of 2025 in
Case. He would further submit that due to petitioner's unwell, he was not able
to comply with the earlier order passed by this Court and he intend to sell the
property and settle the amount. 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.Learned counsel for the respondent raised objection for allowing this
petition and submitted that only to drag the proceedings, the petitioner filed this
criminal miscellaneous petition.
5.Heard the learned counsel for the petitioner, learned counsel for the
respondent and also perused the materials placed on record.
6.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
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Crl.M.P.No.17640 of 2025 in
reliefs of suspension of sentence and bail are granted on the following
conditions:
(i) the petitioner shall deposit a sum of Rs.5,00,000/-
(Rupees Five lakhs only), after deducting the amount which
was already deposited by the petitioner, if any, to the credit
of S.T.C.No.5500 of 2022 on the file of the Metropolitan
Magistrate, Fast Track No.02, Egmore @ Allikulam, on or
before 13.10.2025. Failing which, the order passed by this
Court shall stand automatically cancelled.
(ii) On such deposit being made, the respondent is
permitted to withdraw the aforesaid amount.
(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
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Crl.M.P.No.17640 of 2025 in
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;
(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;
7.With the above directions, this Criminal Miscellaneous Petition is
ordered.
22.09.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
pam
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Crl.M.P.No.17640 of 2025 in
T.V.THAMILSELVI, J.
pam
To
1.The Metropolitan Magistrate, Fast Track No.02, Egmore @ Allikulam.
2.The V Additional Sessions Judge, Chennai.
22.09.2025
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