P.Velumani v. V.Muruganantham

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05/06/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.887 of 2026 P.Velumani ... Petitioner Vs V.Muruganantham ... Respondent PRAYER :- To suspend the sentence imposed in Crl.A.No.13 of 2024 on the file of the Additional District Court (Fast Track), Palani dated 23.10.2024 by confirming the conviction and sentence of 6 months Simple Imprisonment and compensation Rs.5,00,000/- in default one month simple imprisonment by the judgment dated 29.11.2023 in STC No.193 of 2020 on the file of the learned Judicial Magistrate, Oddanchathiram and to grant bail to the petitioner, pending disposal of the above Criminal Revision Petition.

For Petitioner : Mr. P.Athimoolapandian, Advocate.

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ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in STC No.193 of 2020, dated 29.11.2023 passed by the learned Judicial Magistrate, Oddanchathiram, confirmed in Crl.A.No. 13 of 2024 dated 23.10.2024 on the file of the Additional District Court (Fast Track), Palani 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 29.11.2023 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.5,00,000/- in default, to undergo a further simple imprisonment for a period of one month, in STC No.193 of 2020 on the file of the learned Judicial Magistrate, Oddanchathiram.

3. The learned Additional District Court (Fast Track), Palani, confirmed the conviction and sentence, and dismissed Crl.A.No.13 of 2/6

2024 dated 23.10.2024. The trial Court has executed the sentenced imposed on the petitioner on 12.05.2025 and arrested the petitioner. Now he is confined in the Central Prison, Madurai. 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 deposited 10% of the compensation [ie., Rs.50,000/- (Rupees Fifty Thousand only)] before the learned trial Court. A memo to that effect was also filed.

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.

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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, Oddanchathiram;

(ii) The sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 4/6

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.887 of 2026.

05.06.2026 Note : Issue order copy on 05.06.2026 pnn To

1. The Additional District Judge (Fast Track), Palani.

2. The Judicial Magistrate, Oddanchathiram.

3. The Superintendent of Prison, Central Prison, Madurai. 5/6

L. VICTORIA GOWRI, J pnn

ORDER

IN in CRL RC(MD). No.887 of 2026 Date : 05/06/2026 6/6