J.Govarthanam v. P.Thamodharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-08-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR in Crl.R.C.No.1700 of 2026 J.Govarthanam ..Petitioner Vs P.Thamodharan ..Respondent PRAYER in Crl.M.P.No.15318 of 2026: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to Suspend the Sentence and conviction imposed in Crl.A.No.127 of 2022 dated 15.04.2026 passed by the I Additional District and Sessions Judge at Tiruvallur by confirming the conviction order dated 10.10.2022 passed in S.T.C.No.113 of 2021 by the Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur, and enlarge the petitioner on bail pending disposal of the Criminal Revision Petition. PRAYER in Crl.M.P.No.15321 of 2026: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to Suspend the Sentence and conviction imposed in Crl.A.No.127 of 2022 dated 15.04.2026 passed by the I Additional District and Sessions Judge at Tiruvallur by confirming the conviction order dated 10.10.2022 passed in S.T.C.No.113 of 2021 by the Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur, pending disposal of the Criminal Revision Petition against the Judgment of conviction passed. For Petitioner: Mr.S.Vidhyasagar COMMON ORDER These Criminal Miscellaneous Petitions are filed seeking suspension of the sentence imposed by the learned I Additional District and Sessions Judge at Tiruvallur, in Crl.A.No.127 of 2022 dated 15.04.2026, to enlarge the petitioner on bail, and also to exempt the petitioner from surrendering before the learned Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur.

¶2The petitioner is an accused in STC.No.113 of 2021 on the file of the learned Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur, and he was convicted and sentenced on 10.10.2022 as under: S.No. Offences under which convicted Sentence Section 138 of Negotiable Instruments Act. undergo Simple Imprisonment for six months and to pay Rs.5,00,000/- as compensation to the complainant, in default,

to

undergo

simple imprisonment for two months.

3.Aggrieved over the judgment passed by the trial court, the accused filed an appeal in Crl.A.No.127 of 2022 before the learned I Additional District and Sessions Judge at Tiruvallur, and the same was dismissed vide order dated

15.04.2026, confirming the judgment passed by the trial court.

¶4Now the petitioner / accused has filed the present criminal revision along with this criminal miscellaneous petitions seeking suspension of sentence and exemption from surrendering.

¶5The learned counsel for the petitioner contended that the revision petitioner is ready to deposit 50% of the cheque amount to the credit of STC.No.113 of 2021 on the file of the learned Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur. He, therefore, prayed for suspending the sentence till the conclusion of this Revision.

¶6Considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before the Trial Court.

¶7Accordingly, these Criminal Miscellaneous Petitions stand allowed; the sentence imposed on the petitioner is suspended and the petitioner is exempted from surrendering before the Trial Court till the disposal of the above criminal revision case. The petitioner shall be released on bail subject to the following conditions: i.The petitioner is directed to deposit 50% of the Cheque amount to the credit of STC.No.113 of 2021 before the learned Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur, within a period of three weeks from the date of receipt of a copy of this order; ii.After depositing the said amount, the petitioner shall appear before the learned Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur and execute a bond for a sum of Rs.15,000/-, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the trial Court; iii.The sureties shall affix their photographs and Left Thumb Impression on the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 18-08-2026 vum To

1.The Judicial Magistrate, Fast Track Court, at Magistrate Level, Tiruvallur.

2.The I Additional District and Sessions Judge at Tiruvallur.

¶3The Public Prosecutor, High Court of Madras. CRLoMPoNos.15318o&o15321oofo2026 N.SENTHILKUMARoJ. vum CRLoMPoNos.15318o&o15321oofo2026 inoCrl.R.C.No.1700oofo2026 18-08-2026 oooooooo(1/2) oo Pageo5oofo5