R.Asia Begum v. Ashok Kumar

ORDER These Criminal Miscellaneous Petitions are filed seeking suspension of the sentence imposed by the learned V Additional Sessions Judge, Chennai, in Crl.A.No.1060 of 2024 dated 27.07.2026, to enlarge the petitioner on bail, and also to exempt the petitioner from surrendering before the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam.

¶2The petitioner is an accused in STC.No.5763 of 2023 on the file of the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam, and he was convicted and sentenced on 11.11.2024 as under: S.No. Offences under which convicted Sentence Section 138 of Negotiable Instruments Act. undergo Simple Imprisonment for one year and to pay Rs.7,00,000/- 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.1060 of 2024 before the learned V Additional Sessions Judge, Chennai, and the same was dismissed vide order dated 27.07.2026, confirming the judgment passed by the trial court. __________Page 3 of 5

¶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.5763 of 2023 on the file of the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam. 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.5763 of 2023 before the learned Metropolitan __________Page 4 of 5 Magistrate, Fast Track Court-II, Egmore @ Allikulam, within a period of four 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 Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam 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. 14-08-2026 vum To

1.The Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam.

2.The V Additional Sessions Judge, Chennai.

¶3The Public Prosecutor, High Court of Madras. Crl.M.P.Nos.15087o&o15088oofo2026 N.SENTHILKUMARoJ. vum Crl.M.P.Nos.15087o&o15088oofo2026 inoCrl.R.C.No.1679oofo2026 14-08-2026 oooooooo(1/2) oo __________Pageo5oofo5

__________Page 1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR in Crl.R.C.No.1679 of 2026 R.Asia Begum ..Petitioner Vs Ashok Kumar ..Respondent PRAYER in Crl.M.P.No.15087 of 2026: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence passed in judgment dated 11.11.2024 in STC.No.5763 of 2023 on the file of the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam, as confirmed by the judgment dated 27.07.2026 in Crl.A.No.1060 of 2024 on the file of the learned V Additional Sessions Judge, Chennai, and enlarge the petitioner on bail pending disposal of the above criminal revision case. PRAYER in Crl.M.P.No.15088 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exempt the petitioner from surrendering before the learned Metropolitan Magistrate, Fast Track Court-II, Egmore, Chennai, pursuant to the judgment dated 11.11.2024 in STC.No.5763 of 2023, as confirmed by the judgment dated 27.07.2026 in Crl.A.No.1060 of 2024 on the file of the learned V Additional Sessions Judge, Chennai, pending disposal of the above criminal revision case. For Petitioner: Mr.R.Rajarajan __________Page 2 of 5