Palanisamy v. Jeyapal

CRL MP(MD) NO. 18787 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-12-2025

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) NO. 18787 of 2025 IN CRL RC(MD) NO. 1491 OF 2025 Palanisamy Petitioner(s) Vs Jeyapal Respondent(s) For Petitioner(s):

Mr.Vishnu J Prayer:

To Suspend the sentence imposed by the learned Principal Sessions Judge, Theni dated 28.08.2025 in C.A.No.16 of 2025, confirming the judgment passed by the learned Judicial Magistrate, Periyakulam, in S.T.C.No.541 of 2022 by order dated 15.10.2024 pending the disposal of the above criminal revision petition.

ORDER

Heard Mr.J.Vishnu learned Counsel for the petitioner. 2.This Criminal Miscellaneous Petition has been filed, praying to suspend the sentence imposed upon petitioner by the learned Judicial Magistrate, Periyakulam in S.T.C.No.541 of 2022 dated 15.10.2024 which was confirmed by the learned Principal

Sessions Judge, Theni in Crl.A.No.16 of 2025, dated 28.08.2025. 3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Periyakulam for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.541 of 2022 dated 15.10.2024 and sentenced him to undergo one year Simple Imprisonment and to pay compensation of Rs.4,00,000/- to the respondent. Aggrieved petitioner filed criminal appeal in Crl.A.No.16 of 2025 before Principal Sessions Judge, Theni and the lower Appellate Court, by the judgment dated 28.08.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved petitioner filed Crl.R.C.(MD)No.1491 of 2025 before this Court along with instant miscellaneous petition seeking suspension of sentence. 4.

Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and that to show his bonafides, the petitioner is willing to deposit 50% of cheque amount, before the trial Court. The petitioner is now confined at Central Prison, Madurai. Hence, he prayed for granting suspension of sentence to the petitioner. 5.

sentence on the following conditions, till the disposal of the above Criminal Revision: I) Petitioner is directed to deposit 50% of cheque amount to the credit of S.T.C.No.541 of 2022, dated 15.10.2024, on the file of Judicial Magistrate, Periyakulam within a period of four weeks from the date of receipt of a copy of this order, failing which the sentence suspended shall stand automatically vacated and the respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

(ii) On such deposit, petitioner is directed to be enlarged on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate, Fast Track Court, Theni;

iii)Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity; iv) Petitioner shall appear and sign before Judicial Magistrate, Fast Track Court, Theni, on the first working day of every month at 10.30 a.m., until the disposal of the revision;

v) In case, if petitioner is not able to appear before the trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) and shall appear before the trial Court on any other day in lieu of the date of his absence, as directed by the trial Court.

6.Accordingly, this Criminal Miscellaneous Petition is ordered. 02-12-2025 LR Note:Issue order copy on 05.12.2025 To:

1.The Judicial Magistrate, Periyakulam.

2.The Judicial Magistrate, Fast Track Court, Theni.

3. The Principal Sessions Judge, Theni.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy To:

The Superintendent, Central Prison, Madurai