R.Ramu v. V.Subash

ORDER

¶1This Criminal Miscellaneous Petition has been filed, by the Revision Page2 of 8 Petitioner, praying to suspend the sentence, imposed on the Revision Petitioner, in CA.No.156 of 2023 on the file of the learned District and Sessions Judge, Tirupathur, confirming the conviction and sentence imposed in the judgment dated 26.09.2023 made in CC.No.08 of 2016 on the file of the learned Additional District Munsif cum Judicial Magistrate, Ambur, and to enlarge the Petitioner on bail, till the disposal of the instant Criminal Revision Case.

¶2By the impugned judgement of conviction and sentence and order of the Trial Court, the Revision Petitioner was convicted and sentenced for the offence punishable under Section 138 of the Negotiable Instruments Act to undergo six months Simple Imprisonment and to pay a compensation of Rs.1,49,500/-, in default to undergo Simple Imprisonment for two months. The impugned judgement judgement of conviction and sentence and order of the Trial Court was confirmed by the lower appellate Court, by its impugned judgement of conviction and sentence and order.

¶3Challenging the above said judgement of conviction and sentence and order of the lower appellate court, the Revision Petitioner has filed the above Criminal Revision Case, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail.

¶4This Court heard Mr.V.Krishnamoorthy, the learned counsel for the Petitioner and Ms.E.Abinaya Devi, for Mr.R.Sunil Kumar, the learned counsel for the Respondent and considered their submissions and also Page3 of 8 perused materials placed before this Court.

¶5The learned counsel for the Petitioner has submitted that there was no loan transaction existed between the Petitioner and the Respondent and that the Respondent has not proved the case beyond reasonable doubt and that the courts below have failed to consider the entire evidence, in a proper and perspective manner and that the judgments passed by both the Courts below were based on surmises and conjectures, without considering the entire evidence on record.

¶6It is further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this Criminal Revision Case will be finally heard and decided. It is further submitted that there are arguable points in this Criminal Revision Case and the Revision Petitioner has a fair chance of success in this Criminal Revision Case. Thus, the learned counsel for the Revision Petitioner has prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Petition.

¶7Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the Revision Petitioner that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court, whenever required and is also ready to accept all the Page4 of 8 conditions, which the Court may deem fit to impose upon him. The Revision Petitioner undertakes that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of Revision.

¶8The learned counsel for the Respondent has opposed the arguments advanced by the learned counsel for the Revision Petitioner and submits that the judgements passed by the Courts below are as per the law, after considering the entire evidence and thus, the relief sought by the Revision Petitioner, at this stage, be refused by this Court.

¶9Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned counsel for the Respondent, this Court is of the view that both the courts below have failed to appreciate the evidence on record and the impugned judgments were passed, without considering the entire materials placed before it and during the Trial, the Revision Petitioner was also on bail.

10.Further, it is observed that when the accused have been under incarceration for sometime and when there are points in the Revision, which favour the accused, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake, if the revision results in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India, in the case of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance.

11.The Revision Petitioner has raised substantial grounds in the Revision, which Page5 of 8 require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision Petitioner is entitled to the relief of suspension of sentence and bail.

12.Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, Mr.R.Ramu, S/o.Raja, on the following conditions:- i. The Revision Petitioner shall surrender before the Additional District Munsif cum Judicial Magistrate, Ambur, within three weeks from the date of receipt of a copy of this order and on such surrender, the Revision Petitioner is ordered to be released on bail, on his executing a personal bond, along with two sureties for a sum of Rs.15,000/- each and subject to furnishing an undertaking that he will co-operate in the hearing of the present Revision. ii. The Revision Petitioner and sureties shall affix their Photographs and Left Thumb Impression in the bond and the above said Court may obtain copies of their Aadhaar card or Bank pass Book to ensure their identity. iii. The realization of fine, if any, shall also remain suspended during the pendency of the present Revision. iv. The Revision Petitioner shall appear before the Additional District Munsif cum Judicial Magistrate, Ambur, once in every month, ie., on the first working day, commencing from the month of September 2026, at

10.30 a.m., until further orders.

¶13On acceptance of his bail bonds and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision. Page6 of 8

14.With the above directions, this Criminal Miscellaneous Petition is ordered. 30-07-2026 Index: Yes/No Speaking/Non-speaking order SRCM To:-

¶1The Additional District Munsif cum Judicial Magistrate, Ambur

¶2The District and Sessions Judge, Tirupathur,

¶3The Public Prosecutor, Madras High Court, Chennai CRLoMPoNo.o9961oofo2026 SHAMIMoAHMED,oJ. SRCM CRLoMPoNo.o9961oofo2026 IN CRLoRCoNO.o1231oOFo2026 30-07-2026 Page7oofo8 Page8 of 8 To V.Subash S/o Vaiyapuri, No.2/166, Sengunthar Street, Alanguppam Village, Ambur Taluk. CRL RC No. 1231 of 2026 To V.Subash S/o Vaiyapuri, No.2/166, Sengunthar Street, Alanguppam Village, Ambur Taluk.

Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-07-2026 CORAM THE HON'BLE MR.JUSTICE SHAMIM AHMED IN CRL RC NO. 1231 OF 2026 R.Ramu, S/o Raja, No.4/187, Makkan Street, Panangkattur Village, Narimayampattu Post, Ambur Taluk. ..Petitioner(s) Vs V.Subash, S/o Vaiyapuri, No.2/166, Sengunthar Street, Alanguppam Village, Ambur Taluk. ..Respondent(s) Prayer:- To Suspend the sentence of imprisonment imposed in the judgment dated 16.12.2025 made in CA.No.156 of 2023 on the file of the learned District and Sessions Judge, Tirupathur, confirming the conviction and sentence imposed in the judgment dated 26.09.2023 made in CC.No.08 of 2016 on the file of the learned Additional District Munsif cum Judicial Magistrate, Ambur, and enlarge the petitioners on bail pending disposal of the above Criminal Revision Petition. For Petitioner(s): Mr.V.Krishnamoorthy For Respondent(s): Ms.E.Abinaya Devi for Mr.R.Sunil Kumar