S.Satheesh v. N.Balasubramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 01/04/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.578 of 2026 S.Satheesh ... Petitioner Vs N.Balasubramanian ... Respondent PRAYER :- To Suspend the sentence confirmed in Crl.A. No. 272 of 2025 dt. 09.12.2025 passed by the learned District and Sessions Judge, Karur in the S.T.C. No. 169 of 2021 passed by the learned Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur dt. 21.02.2024 till the disposal the Revision.

For Petitioner : Mr. V.Sukumar, Advocate.

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in S.T.C. No. 169 of 2021, dated 21.02.2024 passed by 1/6

the learned Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur, confirmed in Crl.A. No. 272 of 2025 dated 09.12.2025 on the file of the District and Sessions Judge, Karur at Nagercoil pending disposal of this criminal revision petition.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 21.02.2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for a period of one year and to pay the compensation of Rs.2,00,000/- (Rupees Two Lakhs only) on or before 08.08.2025 to the credit of STC No.169 of 2021 on the file of the trial Court, to undergo further simple imprisonment for a period of one month, in S.T.C. No. 169 of 2021 on the file of the learned Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur.

3. The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed Crl.A. No. 272 of 2025 dated 09.12.2025. Challenging the same, the present Criminal Revision Case 2/6

has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

4. The learned counsel for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses. He further submitted that the petitioner has filed Crl.RC(MD)No.1187 of 2025 before this Court and this Court directed to hand over the demand draft for a sum of Rs.2,00,000/- to the respondent. Further, he submitted that the petitioner has already deposited the entire compensation by virtue of a demand draft dated 19.09.2025, bearing No. 439292 for a sum of Rs.2,00,000/- drawn in favour of the respondent namely N.Balasubramaniyan and hand overed the same. 10% of the compensation before the learned trial Court.

5. This Court has carefully considered the submissions and also perused the materials available on record.

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6. The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the bonafide expressed by the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :

(i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and 4/6

(iii) The petitioner shall appear before the learned trial Court, on all working days at 10.30 a.m., until further orders.

(iv) The learned trial Court shall re-deposit the said sum in a Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD)No.578 of 2026.

8 Notice to the respondent, through Court as well as privately, returnable in four weeks.

9. List the matter after four weeks.

01.04.2026 Note: Issue order copy on 02.04.2026 pnn To

1. The District and Sessions Judge, Karur.

2. The Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur. 5/6

L. VICTORIA GOWRI,J pnn

ORDER

IN in CRL RC(MD). No.578 of 2026 Date : 01/04/2026 6/6