B.S.Selva Kumar v. M/S.Agate Finance Limited,

O R D E R These Criminal Miscellaneous Petitions have been filed by the petitioner, to suspend the sentence imposed upon the petitioner by the Learned Principal District and Sessions Judge at Chennai vide common dated 21.04.2025 and enlarge the petitioner herein on bail pending disposal of the appeal.

¶2The petitioner herein is the accused on the file of the learned FTC-I , Metropolitan Magistrate, Egmore at Allikulam, Chennai. He was found guilty of the offence under Sections 138 of Negotiable Instruments Act. against which, the present appeal has been filed.

3.The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal appeal and the petitioner/accused has got a fair chance of succeeding in the Criminal appeal and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide the condition 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 appeal 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 appeal, the reliefs of suspension of sentence and bail are granted on the following conditions:

(a) 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, in which one surety must be a blood related surety, each for a like sum to the satisfaction of the learned FTC-I , Metropolitan Magistrate, Egmore at Allikulam, Chennai.

(b) 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 Aadhaar Cards or Bank Pass Books to ensure their identities.

(c) The petitioner shall appear before the Trial Court on every Tuesday at 10.30 a.m., until the disposal of the Criminal Appeal 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.

¶5With the above directions, this Criminal Miscellaneous Petitions are ordered.

18.11.2025 smn Index:Yes/No Speaking/Non-speaking order Internet:Yes To

¶1The Learned Principal District and Sessions Judge at Chennai

¶2The learned FTC-I , Metropolitan Magistrate, Egmore at Allikulam, Chennai. T.V.THAMILSELVI

, J.

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18319 of 2025, Crl MP No.

18209 of 2025, Crl MP

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Crl MP No.18362 of 2025,

Crl MP No.18489 of 2025,

Crl MP No.18376 of 2025, Crl MP No.18367 of 2025, Crl MP No.18381 of 2025, Crl MP No.18312 of 2025, Crl MP No.18214 of 2025, Crl MP No.18236 of 2025, Crl MP No.

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18.11.2025 (1/4)

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 18.11.2025 CORAM THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI C rl MP N o . 18300 of 2025, C rl MP N o . 18291 of 2025, Crl MP No.18233 of 2025, Crl MP No.18402 of 2025, Crl MP No. 18250 of 2025, Crl MP No. 18353 of 2025, Crl MP No. 18319 of 2025, Crl MP No. 18209 of 2025, Crl MP No. 18379 of 2025, Crl MP No. 18366 of 2025, Crl MP No.18375 of 2025, Crl MP No.18492 of 2025, Crl MP No.18362 of 2025, Crl MP No.18489 of 2025, Crl MP No.18376 of 2025, Crl MP No.18367 of 2025, Crl MP No.18381 of 2025, Crl MP No.18312 of 2025, Crl MP No.18214 of 2025, Crl MP No.18236 of 2025, Crl MP No. 18241 of 2025, Crl MP No. 18373 of 2025, CRL MP NO. 18307 OF 2025, CRL MP NO. 18397 OF 2025,CRL MP NO. 18202OF 2025, CRL MP No. 18187 of 2025, CRL MP NO. 18229 OF 2025,Crl.RC.No.18356 of 2025, Crl.M.P.No.18345 of 2025 in Crl RC No .1871 of 2025, Crl.R.C.No.1870 of 2025, Crl.R.C.No.1861 of 2025, Crl RC No.1903 of 2025, Crl RC No.1858 of 2025, Crl RC No. 1887 of 2025, Crl RC No. 1876 of 2025, Crl RC No. 1855 of 2025, Crl RC No. 1898 of 2025, CRL RC NO. 1890 OF 2025 Crl RC No. 1895 of 2025, Crl RC No.1919 of 2025, Crl RC.No. No.1889 of 2025, Crl RC No.1918 of 2025, Crl RC No.1896 of 2025, Crl RC No.1893 of 2025, Crl RC No.1897 of 2025, Crl RC No.1874 of 2025, Crl RC No.1856 of 2025, Crl RC No.1863 of 2025, Crl RC No. 1864 of 2025, Crl RC No. 1894 of 2025, Crl RC No. 1873 of 2025, CRL RC NO. 1901 OF 2025, Crl.RC.No.1854 of 2025,Crl.Rc.No.1851 of 2025, Crl.R.C.No.1859 of 2025,Crl.R.C.No.1888 of 2025,Crl.R.CNo.1885 of 2025 CRL MP No. 18300 of 2025 1. B.S.Selva Kumar Director of M/s.L.S.P.Agro Limited, 298-B, Suramangalam Main Road, Salem-636 009 Petitioner in all Crl.M.P's Vs 1. M/s.Agate Finance Limited, No.46, Ramakrishna Street, T.Nagar, Chennai. Rep by its Director, Mr.R.Ashokan, At present representative is Mr.Ayub. Respondent in all Crl.M.P's CRL MP No. 18300 of 2025 1. B.S.Selva Kumar Director of M/s.L.S.P.Agro Limited, 298-B, Suramangalam Main Road, Salem-636 009 Petitioner(s) Vs 1. M/s.Agate Finance Limited, No.46, Ramakrishna Street, T.Nagar, 2Chennai. Rep by its Director, Mr.R.Ashokan, At present representative is Mr.Ayub. Respondent(s) CRL MP No. 18300 of 2025 Crl.A.No.143 of 2023 passed by the Learned Principal District and Sessions Judge judgement dated 31.01.2023 made in CC.No.4277 of 2002 passed by the learned FTC-I , Metropolitan Magistrate, Egmore at Allikulam, Chennai. The CRL MP No. 18291 of 2025 PRAYER: To suspend the sentence imposed by the judgement dated 21.04.2025 made in Crl.A.No.144 of 2023 passed by the Learned Principal District and Sessions Judge at Chennai by confirming the conviction and the sentence imposed by the judgement dated 31.01.2023 made in CC.No.4278 of 2002 passed by the learned FTC-I , Metropolitan Magistrate, Egmore at Allikulam, Chennai. The CRL MP No. 18233 of 2025 To suspend the sentence imposed by the Judgment dated 21.04.2025 made in Crl.A.No.145 of 2023 passed by the Learned Principal District and Sessions Judge judgement dated 31.01.2023 made in CC.No.4279 of 2002 passed by the learned CRL MP No. 18402 of 2025 Crl.A.No.146 of 2023 passed by the Learned Principal District and Sessions Judge judgement dated 31.01.2023 made in CC.No.4280 of 2002 passed by the learned CRL MP No. 18250 of 2025 Crl.A.No.147 of 2023 passed by the Learned Principal District and Sessions Judge judgement dated 31.01.2023 made in CC.No.4281 of 2002 passed by the learned CRL MP No. 18353 of 2025 Crl.A.No.148 of 2023 passed by the Learned Principal District and Sessions Judge judgement dated 31.01.2023 made in CC.No.4487 of 2002 passed by the learned FTC-I , Metropolitan Magistarte, Egmore at Allikulam, Chennai. CRL MP No. 18319 of 2025 Crl.A.No.149 of 2023 passed by the Learned Principal District and Sessions Judge judgement dated 31.01.2023 made in CC.No.4488 of 2002 passed by the learned FTC-I , Metropolitan Magistrate, Egmore at Allikulam, Chennai. The CRL MP No. 18209 of 2025 Crl.A.