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Madras High CourtCRL MP(MD)/1892/2026ordered

V.Deepan v. A.Rajendran

2026-01-29Honourable Mr Justice Mohammed Shaffiq6 pages

CRL MP(MD) Nos.1892 and 1896 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29-01-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) Nos.1892 & 1896 of 2026 IN CRL RC(MD) No.153 of 2026 V.Deepan Petitioner(s) in both petitions Vs A.Rajendran Respondent(s) in both petitions For Petitioner(s):

Mr.J.Alaguraam Jothi Prayer for Crl.M.P(MD)No.1892/2026:

To Suspend the Sentence imposed by the C.C.No.467 of 2017 on the file of the Learned Fast Track Court(Magistrate Level) at Karur dated 26.09.2023 as confirmed by the Judgment passed by the Criminal Appeal in Crl.A.No.47 of 2024 on the file of Principal Sessions Judge, Karur District dated 15.10.2025 and enlarge the petitioner on bail pending disposal of the Criminal Revision Case. Prayer for Crl.M.P(MD)No.1896/2026:

To Exempt the petitioner from surrendering on the basis of the Judgment passed by the C.C.No.467 of 2017 on the file of the Learned Fast Track Court (Magistrate Level) at Karur dated 26.09.2023 confined the Judgment passed by the Crl.A.No.47 of 2024 on the file of Principal Sessions Judge, Karur District dated 15.10.2025 pending disposal of the Criminal Revision Case.

COMMON ORDER Heard Mr.J.Alaguraam Jothi, learned Counsel for the petitioner. 2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate, Fast Track Court at Magisterial Level, Karur in C.C.No.467 of 2017 dated 26.09.2023, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.47 of 2024, dated 15.10.2025 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, Fast Track Court at Magisterial Level, Karur for offence under Section 138 of the Negotiable Instruments Act in C.C.No.467 of 2017 dated 26.09.2023 and sentenced to undergo one year Simple Imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.

47 of 2024 before Principal Sessions Judge, Karur District and the lower Appellate Court, by the judgment dated 15.10.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.153 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 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 25% of cheque amount to the credit of C.C.No.

467 of 2017 dated 26.09.2023 on the file of Judicial Magistrate, Fast Track Court,(Magisterial Level), Karur, within a period of four weeks from the date of receipt of a copy of this order, and to deposit another 25% of cheque amount to the credit of C.C.No.467 of 2017 dated 26.09.

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

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

(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, Fast Track Court, (Magisterial Level), 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, Fast Track Court,(Magisterial Level), Karur, 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 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. 29-01-2026 gvn

To 1.The Judicial Magistrate, Fast Track Court,(Magisterial Level), 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.1892 & 1896 of 2026 in CRL RC(MD)No.153 of 2026 Date : 29/01/2026 1/2