S.Pattu Roja v. P.Subramanian

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 07/04/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI and CRL RC(MD). No.608 of 2026 S.Pattu Roja ... Petitioner Vs P.Subramanian ... Respondent PRAYER :- To suspend the sentence imposed in C.A.No.217 of 2024 dated 20.01.2026 on the file of the District and Sessions Judge, Karur confirming the Judgment passed in C.C.No.30 of 2018 dated 05.11.2024 on the file of the Judicial Magistrate (Fast Track at Magisterial Level), Karur and enlarge the petitioner on bail, pending disposal of the Criminal Revision petition.

For Petitioner : Mr. N.Sudhagar Nagaraj, Advocate.

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ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in C.C.No.30 of 2018, dated 05.11.2024 passed by the learned Judicial Magistrate (Fast Track at Magisterial Level), Karur, confirmed in C.A.No.217 of 2024 dated 20.01.2026 on the file of the District and Sessions Judge, Karur 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 05.11.2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for one year and to pay the compensation of Rs.15,00,000/- (Rupees Fifteen Lakhs only), in C.C.No.30 of 2018 on the file of the learned Judicial Magistrate (Fast Track at Magisterial Level), Karur.

3. The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed C.A.No.217 of 2024 dated 2/6

20.01.2026. Challenging the same, the present Criminal Revision Case 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. Further, he submitted that the petitioner has already a sum of Rs.3,75,000/- has been deposited before the learned trial Court.

5. 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. 3/6

6. 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 at Magisterial 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 (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.608 of 2026.

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

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8. List the matter after four weeks.

07.04.2026 Note: Issue order copy on 08.04.2026 pnn (2/3) To:- 1.The District and Sessions Judge, Karur.

2.The Judicial Magistrate (Fast Track at Magisterial Level), Karur, 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L. VICTORIA GOWRI,J pnn

ORDER

IN and CRL RC(MD). No.608 of 2026 Date : 07/04/2026 6/6