Mamundi v. Ponnalagu

CRL MP(MD) NO.2873 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-02-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) No. 2873 of 2026 IN CRL RC(MD) NO. 236 OF 2026 Mamundi Petitioner(s) Vs Ponnalagu Respondent(s) For Petitioner(s):

P.Venkatesan Prayer:

To enlarge the petitioner on bail by suspending the sentence imposed by Learned District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District in STC No.10/2023 dated 29.01.2024 and same was confirmed by the Learned Principal District and Sessions Judge, Pudukottai passed in C.A.No.14 of 2024 dated 11.11.2025, pending disposal of the Main Criminal Revision Petition.

ORDER

Heard Mr.P.Venkatesan, learned Counsel for petitioner.

2. Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed upon petitioner by District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District in STC No.10 of 2023 dated 29.01.2024, which was modified by Learned Principal District and Sessions Judge, Pudukottai in C.A.No. 14 of 2024 dated 11.11.2025.

3. Learned counsel for petitioner would submit that petitioner was convicted by District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District for offence under Section 138 of the Negotiable Instruments Act in STC No.10 of 2023 dated 29.01.2024 and sentenced to undergo six months Simple Imprisonment and to pay compensation of Rs.7,00,000/- to respondent within three months, in default to undergo two months Simple Imprisonment. Aggrieved, petitioner filed criminal appeal in C.A.No.14 of 2024 before Principal District and Sessions Judge, Pudukottai and lower Appellate Court by judgment dated 11.11.2025 partly allowed the appeal and modified the judgment passed by the trial Court as follows:-

"In the result, this Criminal Appeal is partly allowed and the conviction judgment passed by the Learned District Munsif cum Judicial Magistrate, Ponnamaravathy in S.T.C. No. 10/2023 dated 29.01.2024 is hereby confirmed and the sentence of six months Rigorous Imprisonment imposed on the accused/appellant is confirmed, but the accused was directed to pay compensation of Rs.5,00,000/- to the complainant under section 357(3) of CrPC within three months from the date of judgment and in default of payment of compensation, the accused shall undergo a further period of two months of Simple Imprisonment as default sentence. With this modification, this criminal appeal is disposed off."

4. Challenging the above conviction and sentence, petitioner filed Crl.R.C.(MD)No.236 of 2026 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.

5. 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.

6. 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 heard1, this Court is inclined to grant suspension of sentence and bail, on the following conditions, till the disposal of the above Criminal Revision:

Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

i) Petitioner is directed to deposit 50% of cheque amount to the credit of STC No.10 of 2023 dated 29.01.2024 on the file of District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District, 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 his 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 District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District; 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 District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District, on the first working day of every month at 10.30 a.m., until the disposal of the revision; vi) In case, petitioner is not able to appear before the said Court on any day, he 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 said Court on any other day in lieu of the date of his absence, as directed by the said Court.

7. Accordingly, this Criminal Miscellaneous Petition is ordered. 10-02-2026 (1/2) rgm

To 1.The District Munsif cum Judicial Magistrate, Ponnamaravathy, Pudukottai District

2. The Principal District and Sessions Judge, Pudukottai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.