Newton Biju v. M. Ramamoorthy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.06.2026

CORAM

THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.12072 of 2026 in CRL RC(MD) No.1012 of 2026 Newton Biju ... Petitioner/Appellant/ Accused Vs.

M.Ramamoorthy ... Respondent/Defendant/ Complainant Prayer : This Criminal Miscellaneous Petition is filed under Section 438 of BNSS to suspend the sentence imposed by the Petitioner/Accused on the file of the Learned Additional District Judge, Pudukottai District in Criminal Appeal No. 114 of 2023 dated 17.04.2026 against the order passed by the Learned Judicial Magistrate No. I, Pudukottai District in S.T.C.No.576 of 2013, dated 18.10.2023 enlarge the petitioner on bail.

For Petitioner : M/s.P.Subha Rani

ORDER

This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed by the Learned Additional District Judge, Pudukottai District in Criminal Appeal No. 114 of 2023 dated 17.04.2026 against the order passed 1/4

by the Learned Judicial Magistrate No. I, Pudukottai District in S.T.C.No.576 of 2013, dated 18.10.2023 enlarge the petitioner on bail.

2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 18.10.2023 for the offence under Section 138 r/w 142 of the Negotiable Instrument Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for a period of six months and to pay compensation of Rs.9,00,000/- (Rupees Nine Lakhs only) to the respondent, in S.T.C.No.576 of 2013 on the file of the learned Judicial Magistrate No.I, Pudukottai.

3. The learned Additional District Judge, Pudukottai District, confirmed the conviction and sentence, and dismissed the C.A.No.114 of 2023, dated 17.04.2026. 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 2/4

submitted that the petitioner has already deposited 30% of the compensation amount before the learned trial Court.

5. This Court has carefully considered the rival contentions put forward by either side 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.

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 3/4

Judicial Magistrate No. I, Pudukottai District; (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.

8. Notice.

24.06.2026 (2/3) gbg To 1.The Additional District Judge, Pudukottai District. 2.The Judicial Magistrate No. I, Pudukottai District. 3.Do through the Chief Judicial Magistrate, Pudukottai District.

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