V.T.R. Fuel Station v. Shunmugam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.874 of 2026 V.T.R. Fuel Station Rep. by its Proprietor, Vikramathithan ... Petitioner Vs Shunmugam ... Respondent PRAYER :- To suspend the sentence of Imprisonment and sentence imposed by the learned District and Sessions Judge, Karur, in Crl.A.No.11 of 2024 by the Judgement dated 24.09.2025, by confirming the conviction and sentence imposed by the learned Judicial Magistrate No.II, Karur, in STC No.3419 of 2023 by the judgment dated 21.12.2023 pending disposal of the Criminal Revision.

For Petitioner : Mr. S.Balaji, Advocate.

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ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in STC No.3419 of 2023, dated 21.12.2023 passed by the learned Judicial Magistrate No.II, Karur, confirmed in Crl.A.No.11 of 2024 dated 24.09.2025 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 21.12.2023 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for six months and to pay the compensation of Rs.10,00,000/-, in STC No.3419 of 2023 on the file of the learned Judicial Magistrate No.II, Karur.

3. The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed Crl.A.No.11 of 2024 dated 24.09.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

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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 25% of the compensation (ie., Rs.3,50,000/-) before the learned trial Court.

5. This Court has carefully considered the contentions 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 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

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 No.II, 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.874 of 2026.

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

2. The District and Sessions Judge, Karur 5/6

L. VICTORIA GOWRI,J pnn

ORDER

IN in CRL RC(MD). No.874 of 2026 Date : 03/06/2026 6/6