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Madras High CourtCRL MP(MD)/8041/2026ordered

M. Natesan v. Sree Gokulam Chit And Finance Company Private Limited,

2026-04-16Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/04/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.669 of 2026 M. Natesan ... Petitioner Vs Sree Gokulam Chit and Finance Company Private Limited, Rep. by its Authorized Signatory, Office Assistant D. Ajeethkumar ... Respondent PRAYER :- To Suspend the sentence of imprisonment imposed in Crl.A. No. 38 of 2025 on the file of the District and Sessions Judge, Karur dt. 11.02.2026 by confirming the conviction made in C.C. No. 191 of 2018 on the file of the Fast Track Court JM, Karur, dated 13.12.2024 and enlarge the petitioner on bail, pending disposal of the above Criminal Revision Petition.

For Petitioner : Mr. S.Gokulraj, Advocate.

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ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in C.C. No. 191 of 2018, dated 13.12.2024 passed by the learned Fast Track Court JM, Karur, confirmed in Crl.A. No. 38 of 2025 dated 11.02.2026 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 13.12.2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for four months and to pay the compensation of Rs.51,389/- (Rupees Fifty One Thousand Three Hundred and Eighty Nine only) as compensation to the defacto complainant within a period of one months from the date of the judgment, in default, to undergo two weeks simple imprisonment in C.C. No. 191 of 2018 on the file of the learned Fast Track Court JM, Karur. 2/6

3. The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed Crl.A. No. 38 of 2025 dated 11.02.2026. 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 deposited the entire compensation before the learned trial Court.

5. This Court has carefully considered the submissions put forward by the learned counsel for the petitioner and also perused the materials available on record.

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 3/6

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 Fast Track Court JM, 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 4/6

accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD)No.669 of 2026.

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

9. List the matter after four weeks.

16.04.2026 Note : Issue order copy on 17.04.2026 pnn To

1. The District and Sessions Judge, Karur.

2. The Fast Track Court JM, Karur.

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L. VICTORIA GOWRI,J pnn

ORDER

IN in CRL RC(MD). No.669 of 2026 Date : 16/04/2026 6/6