Lakshmi v. M.Vivek

CRL MP(MD) Nos.860 & 862 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19-01-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) Nos.860 & 862 of 2026 IN CRL RC(MD) No.63 of 2026 Lakshmi Petitioner(s) in both petitions Vs K.Murugesan (died)

1. M.Vivek, S/o.late.Murugesan

2. P.Mangaiyarkarasi W/o.Late.K.Murugesan

3. K.Marayeeammal M/o.Late. K.Murugesan Rep. by their Power Agent K.R.Chakkaravarthi. Respondent(s) in both petitions For Petitioner(s):

Mr.C.Ezhilarasan for Mr.R.Bharathi Prayer for Crl.M.P(MD)No.860/2026:

To suspend the sentence imposed on the petitioner by the District and Sessions Court, Karur made in C.A.No.40/2024 dated 21.11.2025 by confirming the Judgment dated 20.02.2024 made in STC No.3480/2023 on the file of the Judicial Magistrate Court No.1, Karur and enlarge the petitioner/accused on bail pending disposal of the criminal revision petition.

Prayer for Crl.M.P(MD)No.862/2026:

To exempt the petitioner from surrender before the Judicial Magistrate Court No.I, Karur in STC No.3480/2023 dated 20.02.2024 which is confirmed by the Judgment dated 21.11.2025 in C.A.No.40/2024 on the file of the Learned District and Sessions Judge, Karur.

COMMON ORDER Heard Mr.C.Ezhilarasu, learned Counsel for the petitioner. 2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate No.1, Karur in S.T.C.No.3480 of 2023 dated 20.02.2024, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.40 of 2024, dated 21.11.2025 and to exempt the petitioner from surrendering before the Court below.

3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate No.1, Karur for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.3480 of 2023 dated 20.02.2024 and sentenced him to undergo six months Simple Imprisonment and to pay compensation of Rs.4,00,000/- to respondents, in default, to undergo one month simple imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.40 of 2024 before District and Sessions Judge, Karur and the lower Appellate Court, by the judgment dated 21.11.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court.

Aggrieved, petitioner filed Crl.R.C.(MD)No.63 of 2026 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

4.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 and bail to the petitioner.

5.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, bail and exempt the petitioner from surrendering before the trial court, 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.3480 of 2023 dated 20.02.2024 on the file of Judicial Magistrate No.1, Karur, 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 respondents are at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

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

(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 Judicial Magistrate No.1, Karur; 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 Judicial Magistrate No.1, Karur, 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, 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 trial Court on any other day in lieu of the date of his absence, as directed by the trial Court. 6.Accordingly, these Criminal Miscellaneous Petitions are ordered. 19-01-2026 1/2 gvn

To 1.The Judicial Magistrate No.1, Karur, 2.The District and Sessions Judge, Karur.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

MOHAMMED SHAFFIQ, J gvn

ORDER

IN Crl.MP(MD).Nos.860 & 862 of 2026 in Crl.RC.(MD).No.63 of 2026 Date : 19/01/2026 1/2