K.Kanagaraj v. S.Jegadeesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Crl.M.P(MD)NO.1384 of 2026 in CRL.RC(MD)NO.103 OF 2026 K.Kanagaraj : Petitioner/Accused .vs.

S.Jegadeesh :Respondent/Complainant PRAYER: Criminal Miscellaneous Petition filed under Section 528 of BNSS praying this Court to exempt the Petitioner from surender in connection with judgment made in S.T.C.No.10 of 2020, dated 23.8.2022, on the file of learned Judicial Magistrate Court No.1, Sivakasi confirmed in judgment made in Crl.A.No.119 of 2022, dated 13.11.2025, on the file of Additional District and Sessions Judge, Srivilliputhur.

For Petitioner :Mr.V.Muthumani

O R D E R

********** ` Notice to the respondent returnable by 17.02.2026. Private notice is also permitted.

2.The Petitioner has preferred the present Criminal revision against the concurrent judgment made in S.T.C.No.10 of 2020, dated 23.8.2022, on the file of learned Judicial Magistrate No.1, Sivakasi confirming the judgment made in Crl.A.No.119 of 2022, dated 13.11.2025, on the file of learned Additional District and Sessions Judge, Srivilliputhur, sentencing the Petitioner to undergo one year simple imprisonment and to pay the cheque amount of Rs.1,60,000/- within two months, in default, to undergo simple imprisonment for three months under Section 357(3) of Cr.P.C. 3.The petitioner, in the affidavit filed in support of the petition, states that he was suffering from Jaundice and was taking medical treatment, and so he was not able to surrender before the Court concerned.

Hence, he has filed the present petition seeking exemption from surrendering on the medical grounds. 3.Considering the above facts, the petition is ordered and the Petitioner is exempted from surrendering in connection with the aforesaid judgment, on the following conditions: (i)the petitioner is directed to deposit 50% of the cheque amount of Rs.1,60,000/- to the credit of S.T.C.No.10 of 2020, on the file of learned Judicial Magistrate Court No.1, Sivakasi within a period of eight weeks from the date of receipt of a copy of this order.

(ii)on such deposit, thereafter the petitioner is directed to execute a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties each for a like-sum to the satisfaction of the trial Court/learned Judicial Magistrate No.I, Sivakasi;

(iii)The petitioner shall appear before the trial Court once in a month i.e., on the first working day of every English calendar month at 10.30 a.m., till the disposal of the revision. (iv)the above said exercise shall be completed within a period of eight weeks as aforesaid.

4.This Criminal Miscellaneous Petition is ordered accordingly. 23.01.2026 NSC :Yes/No Index:Yes/No Internet:Yes/No vsn/AP To 1.The Additional District and Sessions Judge, Srivilliputhur.

2.The Judicial Magistrate No.I, Sivakasi.

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

N.MALA, J.

vsn/AP Crl.M.P(MD)NO.1384 of 2026 in CRL.RC(MD)NO.103 OF 2026 23.01.2026