Madras High CourtCRL MP(MD)/4553/2026ordered

S.Dhanalakshmi v. T.Ashokkumar

2026-02-26Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26-02-2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ IN CRL RC(MD) No.370 of 2026 S.Dhanalakshmi Petitioner(s) in both petitions Vs T.Ashokkumar Respondent(s) in both petitions For Petitioner(s):

Mr.S.Malaikani Prayer for Crl.M.P(MD)No.4553/2026:

To suspend the sentence imposed by the learned Judicial Magistrate No.II, Karur in STC No.2192/2023 dated 23.02.2024 which was confirmed by the Honble District and Sessions Court, Karur in Crl.A.No.112/2024 by the judgment dated 18.12.2025 and pass such further or other orders. Prayer for Crl.M.P(MD)No.4554/2026:

To pass orders giving exemption for petitioner from surrender in the judgment in STC.No.2192/2023 dated 23.02.2024 on the file of the learned Judicial Magistrate Court No.II, Karur which was confirmed by the District and Sessions Court, Karur in Crl.A.No.112 of 2024 by judgment dated 18.12.2025 and pass such further or other orders.

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COMMON ORDER Heard M/s.S.Malaikani, learned Counsel for the petitioner. 2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate No.II, Karur in S.T.C.No.2192 of 2023 dated 23.02.2024, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.112 of 2024, dated 18.12.2025 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.II, Karur for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.2192 of 2023 dated 23.02.2024 and sentenced to undergo six months Simple Imprisonment and to pay compensation of Rs.4,00,000/- to respondent within one month. Aggrieved, petitioner filed criminal appeal in Crl.A.No. 112 of 2024 before District and Sessions Judge, Karur and the lower Appellate Court, by the judgment dated 18.12.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.370 of 2026 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender. 2/6

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 50% of cheque amount to the credit of S.T.C.

No.2192 of 2023 dated 23.02.2024 on the file of Judicial Magistrate No.

(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 3/6

(iii) On such deposit, petitioner is directed to be enlarged on bail on her 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.II, 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.II, 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, she 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 her absence, as directed by the trial Court. 6.Accordingly, these Criminal Miscellaneous Petitions are ordered. 26-02-2026 1/2 gvn 4/6

To 1.The Judicial Magistrate No.II, Karur.

2.The District and Sessions Judge, Karur.

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MOHAMMED SHAFFIQ , J .

gvn Crl.M.P.(MD)Nos.4553 & 4554 of 2026 in Crl.RC(MD).No.370 of 2026 26.02.2026 1/2 6/6