Madras High CourtCRL MP(MD)/2986/2026ordered

V.Thangamani v. V.Sundaralingam

2026-02-10Honourable Mr Justice Mohammed Shaffiq5 pages

CRL MP(MD) NOs. 2986 and 2993 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-02-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) NOs. 2986 and 2993 of 2026 in CRL RC(MD) NO. 242 of 2026 V.Thangamani Petitioner(s) in both petitions Vs V.Sundaralingam Respondent(s) in both petitions For Petitioner(s):

Mr.J.Sankarapandian (in both petitions) Prayer for Crl.M.P(MD)No.2986/2026:

To Suspend the Sentence imposed on the petitioner by means of a judgment dated 28.11.2025 made in Crl.A.No.35 of 2020 passed by the Hon'ble Additional District and Sessions Judge, Srivilliputhur confirming the judgment of the Learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District dated 17.02.2020 made in C.C.No.344 of 2018, pending disposal of the above Criminal Revision Petition before this Hon'ble Court.

Prayer for Crl.M.P(MD)No.2993/2026:

To exempt the petitioner from being surrendered for undergoing judicial custody in connection with the conviction and sentence imposed on the Petitioner by judgment dated 28.11.2025 made in Crl.A.No.35 of 2020 passed by the Hon'ble Additional District and Sessions Judge, Srivilliputhur confirming the judgment of the Learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District dated 17.02.2020 made in C.C.No.344 of 2018, pending disposal of the above Criminal Revision Petition before this Hon'ble Court.

COMMON ORDER Heard Mr.J.Sankarapandian, learned Counsel for petitioner.

2. Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate No.II, Sivakasi, Virudhunagar District dated 17.02.2020 made in C.C.No.344 of 2018, which was confirmed by Additional District and Sessions Judge, Srivilliputhur in Crl.A.No.35 of 2020, dated 28.11.2025 and to exempt petitioner from surrendering before the Court below.

3. Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate No.II, Sivakasi, Virudhunagar District for offence under Section 138 of the Negotiable Instruments Act in C.C.No.344 of 2018 dated 17.02.2020 and sentenced to undergo one year Simple Imprisonment and to pay compensation of Rs.7,00,000/- to respondent within three months, in default to undergo three months Simple Imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.35 of 2020 before Additional District and Sessions Judge, Srivilliputhur and lower Appellate Court by judgment dated 28.11.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.242 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, bail and exemption from surrender.

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 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 C.C.No.344 of 2018 dated 17.02.2020 on the file of Judicial Magistrate No.II, Sivakasi, Virudhunagar 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 Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

sureties each for a like sum to the satisfaction of Judicial Magistrate No.II, Sivakasi, Virudhunagar 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 Judicial Magistrate No.II, Sivakasi, Virudhunagar 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.

6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 10-02-2026 (1/2) rgm

To 1.The Judicial Magistrate No.II, Sivakasi, Virudhunagar District 2.The Additional District and Sessions Judge, Srivilliputhur 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.