Geetha vs Simon And Other

Mohammed Shaffiq, J

Heard Mr.C. Harish, learned Counsel for the petitioner.

Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed upon the petitioner by the learned Judicial Magistrate-III, Puducherry in S.T.C.No.1256 of 2019 dated 20.05.2024, which was confirmed by the learned Principal Sessions Judge, Puducherry in Crl.A.No.51 of 2024, dated 24.10.2025.

Learned counsel for the petitioner would submit that petitioner was convicted by the Judicial Magistrate-III, Puducherry for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.1256 of 2019 dated 20.05.2024 and sentenced her to undergo three months Simple Imprisonment u/s. 255(2) of Criminal Procedure Code and directed to pay a compensation of Rs.2,00,000/- i.e., the amount due upon the cheque, to the complainant u/s.357(3) of Cr.P.C and in default to pay the supra compensation amount, the accused shall undergo one month simple imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.51 of 2024 before the Principal Sessions Judge, Puducherry and the lower Appellate Court, by the judgment dated 24.10.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.No.1100 of 2025 before this Court along with the instant miscellaneous petitions seeking suspension of sentence.

Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and that to show his bonafides, petitioner is willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence to the petitioner.

Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the revision is finally heard, this Court is inclined to grant suspension of sentence, on the following conditions, till the disposal of the above Criminal Revision:

(i) Petitioner is directed to deposit 50% of cheque amount to the credit of S.T.C.No.1256 of 2019 dated 20.05.2024 on the file of Judicial Magistrate-III, Puducherry, within a period of four weeks from the date of receipt of a copy of this order, failing which the sentence suspended shall stand automatically vacated and respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

(ii) Any amount already paid shall be deducted while reckoning 50% of cheque amount directed in clause (i);

(iii) On such deposit, petitioner is directed to be enlarged on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate-III, Puducherry;

(iv) Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity;

(v) Petitioner shall appear and sign before the learned Judicial Magistrate-III, Puducherry, on the first working day of every month at 10.30 a.m., until the disposal of the revision;

(vi) In case, if petitioner is not able to appear before the trial Court on any day, she shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the trial Court on any other day in lieu of the date of her absence, as directed by the trial Court.

Accordingly, this Criminal Miscellaneous Petition is ordered.