Thangavel Murugan v. Angaira
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/12/2025
CORAM
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.1597 of 2025 Thangavel Murugan S/o.Ganesan ... Petitioner Vs Angaira S/o.Marimuthu ... Respondent PRAYER in Crl.M.P.(MD).No.19913 of 2025 :- To suspend the sentence imposed by the Judicial Magistrate No.II, Tiruchirappalli in CC.No.734/2018 dated 28.03.2023 and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition.
For Petitioners : Mr.D.S.Haroon Rasheed Advocate.
For Respondent : Mr.Angaira Party-in-person 1/6
ORDER
Heard, the learned Counsel for petitioner and respondent, who appeared before this Court in person.
2.Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate No.II, Tiruchirapalli in C.C.No.734 of 2018 dated 28.03.2023. 3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate No.II, Tiruchirapalli for offence under Section 138 of the Negotiable Instruments Act in C.C.No.734 of 2018 dated 28.03.2023 and sentenced him to undergo one year simple imprisonment and to pay compensation of Rs.1,20,000/- to respondent. Aggrieved, petitioner filed criminal appeal in Crl.A.No.48 of 2023 before II Additional District Judge, Tiruchirappalli and the lower Appellate Court, by order dated 14.10.2024 dismissed the appeal for nonprosecution. Aggrieved, petitioner filed Crl.R.C.(MD)No.1597 of 2025 before this Court along with the instant miscellaneous petition seeking suspension of sentence and bail.
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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, petitioner is willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence to the petitioner and bail.
5. The respondent has stated that he has no objection in allowing the present miscellaneous petition.
6.Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the revision is finally heard1, this Court is inclined to grant suspension of sentence and bail, 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 C.C.No.734 of 2018 dated 28.03.2023 on the file of Judicial Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 3/6
Magistrate No.II, Tiruchirapalli, 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 respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;
(ii) Any amount already paid shall be deducted while reckoning 50% of cheque amount directed in clause (i);
(iii) 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 Judicial Magistrate No.II, Tiruchirappalli;
iv) 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; v) Petitioner shall appear and sign before Judicial Magistrate No.II, Tiruchirappalli, on the first working day of every month at 10.30 a.m., until the disposal of the revision;
vi) 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 4/6
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.
7.Accordingly, this Criminal Miscellaneous Petition is ordered. 11-12-2025 1/2 gvn Note:Issue order copy on 11.12.2025 5/6
MOHAMMED SHAFFIQ, J gvn To 1.The Judicial Magistrate No.II, Tiruchirappalli
2. The II Additional District and Sessions Judge, Tiruchirappalli.
3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN in CRL RC(MD)No.1597 of 2025 Date : 11/12/2025 1/2 6/6