S.Kanagaraj v. K.Annadurai
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2025 THE HONOURABLE MR.JUSTICE SHAMIM AHMED in CRL.R.C.(MD)No.1292 of 2025 S.Kanagaraj, S/o.Subramaniyan, 4/1190, Samypuram Colony, Palapatti Panchayat, Sivakasi East, Virudhunagar District.
... Petitioner vs.
K.Annadurai, S/o.Karuppaiah, 1/202/6AL/K1/AD/1, Amman Nagar, Housing Board, Sivakasi, Virudhunagar District.
... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to advance the hearing of the petition in Crl.M.P(MD)No. 13459 of 2025 in Crl.R.C.(MD)No.1292 of 2025. For Petitioner :Mr.S.Selvakumar ***** 1/5
O R D E R
The Criminal Miscellaneous Petition has been filed with the following prayer:
"to advance the hearing of the petition in Crl.M.P(MD)No.13459 of 2025 in Crl.R.C.(MD)No.1292 of 2025."
2.Heard Mr.S.Selvakumar, learned Counsel for the petitioner. 3.This Court, vide order, dated 26.09.2025, had passed the following order:
"This Criminal Revision Petition has been filed to call for records relating to the judgement dated 25.06.2025 made in CA.No.7 of 2021 by the Principal District and Sessions Court, Virudhunagar at Srivillilputhur, confirming the conviction made in the judgement dated 14.12.2022 in STC.No.657 of 2021, by the Judicial Magistrate No.1, Sivakasi and to set aside the same. 2.Heard Mr.S.Selvakumar, learned counsel for the Petitioner.
3.The petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act to undergo one year simple imprisonment and to pay a compensation of Rs.3,00,000/-, in default to undergo two months simple imprisonment, by the Trial Court and the judgement of conviction and sentence of the Trial Court was confirmed by the lower Appellate Court. As against the same, the above criminal revision case has been filed.
4.The learned counsel for the petitioner prays for some time to deposit 50% of the compensation amount, i.e. Rs. 2/5
1,50,000/- before the Trial Court.
5.Accordingly, as prayed for the learned counsel for the Petitioner, three weeks from today is granted to the Petitioner to deposit a sum of Rs.1,50,000/- being 50% of the compensation amount as ordered by the courts below, before the Trial Court. 6.List this case on 29.10.2025 for admission and for consideration of the application for suspension of sentence and for grant of bail to the petitioner, before appropriate bench." 4.Today, when the matter is being taken up, Mr.S.Selvakumar, learned Counsel for the petitioner submits that in compliance of the order passed by this Court, dated 26.09.2025, the petitioner has deposited 50% of the compensation amount, ie., Rs.1,50,000/- before the Judicial Magistrate No., Sivakasi, on 07.10.2025.
A copy of this deposit receipt has also been filed before this Court along with the present application, which is taken on record. The learned Counsel for the petitioner further submits that the matter is very urgent, as the petitioner is in jail and thus, he prays that the application for suspension of sentence may be heard by this Court by fixing an early date.
5.Accordingly, after considering arguments, as advanced by the learned Counsel for the petitioner and also considering the fact that the petitioner has deposited 50% of the compensation amount, as directed by 3/5
this Court, dated 26.09.2025, this Criminal Miscellaneous Petition is allowed.
6. List the Criminal Revision Petition case on 17.10.2025 for consideration of the application for suspension of sentence and for grant of bail to the petitioner, before appropriate bench. 16.10.2025 nsr 4/5
SHAMIM AHMED, J.
nsr in CRL.R.C.(MD)No.1292 of 2025 16.10.2025 5/5