I.Amalraj v. Edwin Jesudoss

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP Nos. 21673 & 21674 of 2025 IN CRL RC NO. 2412 OF 2025 I.Amalraj Son of Ignachimuthu, No.27, National Mansion, Sowrashtra Nagar 5th Street, Choolaimedu, Chennai - 600 073. Petitioner(s) Vs Edwin Jesudoss Son of Late Victor D.Jesudoss, Victor Evelyn Heritage, No.8/4, Thiruveedian Street, Gopalapuram, Chennai - 600

¶094Respondent(s) For Petitioner(s): Mr.R.Thirumoorthy For Respondent:

COMMON ORDER These Criminal Miscellaneous Petitions have been filed by the petitioners, seeking suspension of sentence imposed in the judgment dated

23.09.2025 made in Crl.A.NO.69 of 2024 on the file of the I Additional Sessions Court, Chennai, confirming the conviction imposed in judgment dated

08.11.2023 made in STC.No.2486 of 2022 on the file of the Metropolitan Magistrate, Fast Track Court No.V, Saidapet, Chennai and to exempt the petitioner from surrendering pending disposal of the above Criminal Revision.

¶2The learned counsel for the petitioner submitted that the petitioner found guilty under Section 255(2) Cr.P.C. for the offence punishable under Section 138 of Negotiable Instruments Act, convicted and sentenced him to undergo eight months simple imprisonment and to pay the cheque amount of Rs.8,50,000/- as compensation to the complainant under Section 357(3) of Cr.P.C.,in default to undergo simple imprisonment for three months. Aggrieved by the same, the petitioner has filed appeal in Crl.A.No.69 of 2024 on the file of the I Additional Sessions Judge, Chennai, was dismissed, confirming the conviction and sentence, against which the present revision has been filed.

¶3The learned counsel for the petitioner/accused submitted that he is having valid defence available in the Criminal revision and the petitioner/accused has a fair chance of succeeding in the Criminal revision and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He also submitted that the petitioner is ready to abide the conditions imposed by this Court.

¶4Considering the facts and circumstances of the case coupled with the quantum of punishment imposed upon the petitioner, also by considering the submissions of the learned counsel for the petitioner, further 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, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) the petitioner is directed to deposit a sum of Rs.1,50,000/-(Rupees One lakh Fifty Thousand only) to the credit of STC.No.2486 of 2022, on the file of the Metropolitan Magistrate, Fast Track Court No.V, Saidapet, Chennai, within a period of four weeks from the date of receipt of a copy of this order.

(b) the petitioner/accused is ordered to be released on bail, on executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Metropolitan Magistrate, Fast Track Court No.V, Saidapet, Chennai.

(c) The petitioner/accused and the sureties shall affix their photographs and Left Thumb Impressions in the surety bonds and the Magistrate may obtain a copy of their Aadhar Cards or Bank Pass Books to ensure their identities.

(d) The petitioner shall appear before the Trial Court on every Saturday at 10.30 a.m., until the disposal of the Criminal revision 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.

(e) the defacto complainant is permitted to withdraw the amount deposited by the petitioner in STC NO.2486 of 2022, by filing undertaking affidavit.

¶5With the above directions, the suspension of sentence filed by the petitioner in Crl.MP.No.21673 of 2025 is ordered. Consequently, the petition filed by the petitioner in Crl.M.P.No.21674 of 2025 seeking exemption from surrendering before the trial Court, is closed accordingly. 18-11-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rri To

1.Edwin Jesudoss Son of Late Victor D.Jesudoss, Victor Evelyn Heritage, No.8/4, Thiruveedian Street, Gopalapuram, Chennai - 600 094.

2.The I Additional Sessions Court, Chennai.

3.The Metropolitan Magistrate, Fast Track Court No.V, Saidapet, Chennai. TRL Mp No. 21673 of 2025 T.V.THAMILSELVIoJ. rri CRLoMPoNos.o21673o&o 21674oofo2025 INoCRLoRCoNO.o2412o OFo2025 18-11-2025