S.Venkateshwaran v. A.Ayyanar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL.R.C.(MD)No.1425 of 2025 and CRL MP(MD)No.16806 of 2025 S.Venkateshwaran, S/o.Sakkarai, Keelakarai, Amuthu Theatre, Venkateswara Nagar, Bhiranthavanam Viruvakkam, Manamadurai, Sivagangai.

... Petitioner vs.

A.Ayyanar, S/o.Ayyachami, Door No.1/70, TWAD Colony, Thiruppalai, Madurai.

... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records pertaining to the judgment dated 28.10.2025 passed in Crl.M.P.No.5026 of 2025 in Crl.A.No.84 of 2025 1/8

on the file of the learned Principal Sessions Judge, Madurai in connection with S.T.C.No.896 of 2017, on the file of the learned Judicial Magistrate (Fast Track Court, No.I), Madurai and set aside the same and grant an extension of four weeks timex to comply the conditional order in Cr.M.P.No.2935 of 2025.

For Petitioner :Mr.D.S.Haroon Rasheed *****

O R D E R

Heard Mr.D.S.Haroon Rasheed, learned counsel appearing for the Petitioner. Since the Criminal Revision Petition is disposed of at the admission stage itself and in view of the order to be passed in this petition, notice to the Respondent is dispensed with.

2. This Criminal Revision Petition has been filed by the Revision Petitioner to set aside the judgment dated 28.10.2025 passed in Crl.M.P.No.5026 of 2025 in Crl.A.No.84 of 2025 on the file of the learned Principal Sessions Judge, Madurai in connection with S.T.C.No. 896 of 2017, on the file of the learned Judicial Magistrate (Fast Track 2/8

Court, No.I), Madurai and to grant an extension of four weeks time to comply the conditional order in Cr.M.P.No.2935 of 2025.

3. The facts of the case in a nutshell, led to filing of this Criminal Revision Petition and necessary for disposal of the same, are as follows:- a) The Respondent preferred a complaint against the Revision Petitioner under Section 138 of NI Act. Thereafter, the Revision Petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate (Fast Track Court, No.I), Madurai, in S.T.C.No.896 of 2017 by the judgment dated 09.05.2025, to undergo simple imprisonment one year and to pay a sum of Rs.1,50,000/- as compensation to the Respondent, in default of payment, he has to undergo a further period of three months simple imprisonment.

b) Aggrieved by the order of the Trial Court, the Revision Petitioner has filed a petition seeking suspension of sentence and bail in 3/8

Cr.M.P.No.2935 of 2025 in Crl.A.No.84 of 2025 before the learned Principal Sessions Judge, Madurai. The Principal Sessions Judge, Madurai, by order dated 08.07.2025, allowed the said petition on the following conditions:

"i) The petitioner is directed to deposit 20% of the compensation amount before the learned Judicial Magistrate No.I, FTC at Magistrate Level, Madurai, within a month.

ii) Thereafter, the petitioner should execute a bond for Rs. 10,000/- with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.I, FTC at Magistrate Level, Madurai.

Iii) The petitioner/accused should appear before the V Additional District and Sessions Judge, Madurai on 02.08.2025 and on further hearing without fail." 4/8

c) Due to a lack of funds, the Revision Petitioner was unable to comply with the first condition imposed by the lower Appellate Court, which required depositing 20% of the compensation amount before the Trial Court within the stipulated time. Therefore, the Revision Petitioner filed an extension application in Cr.M.P.No.5026 of 2025, seeking an extension of time to deposit 20% of the compensation amount. However, the lower Appellate Court dismissed the said application vide order dated 28.10.2025. Aggrieved by the order dated 28.10.2025 passed by the lower Appellate Court in Cr.M.P.No.5026 of 2025, the present Criminal Revision Petition has been filed.

4. Today, when the matter was taken up, the learned Counsel for the Revision Petitioner confined his prayer to the limited extent that the Revision Petitioner is now ready to deposit 20% of the compensation amount ordered by the lower Appellate Court, within the time prescribed by this Court, and prayed that this Criminal Revision Petition may be disposed of accordingly.

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5. Having considered the submissions of the learned counsel for the Revision Petitioner and perused the record, this Court is of the view that no useful purpose would be served by keeping the present Revision Petition pending, as the Revision Petitioner is now ready to deposit 20% of the compensation ordered by the lower Appellate Court. Thus, the prayer sought by the Petitioner being limited, there is no justification to continue the present Criminal Revision Petition.

6. Therefore, this Court, without going into the merits of the case, grants three weeks' time to deposit 20% of the compensation amount to the credit of S.T.C.No.896 of 2017, dated 09.05.2025, on the file of the Judicial Magistrate (Fast Track Court) No.I, Madurai, as per condition no.1 of the order dated 08.07.2025, in Cr.M.P.No.2935 of 2025 in C.A.No.84 of 2025, passed by the learned Principal Sessions Judge, Madurai. Upon such deposit, the Revision Petitioner is directed to produce the deposit receipt before the learned Principal Sessions Judge, 6/8

Madurai, and if the said amount is deposited as per the time granted by this Court, the lower Appellate Court is directed to decide the appeal expeditiously, in accordance with law.

7. With the above observations, this Criminal Revision Petition is disposed of. Consequently, connected miscellaneous petition stands closed. There is no order as to costs. File is consigned to record. Index :Yes / No 13.11.2025 Internet :Yes / No NCC :Yes / No Nsr To:

1.The Principal Sessions Judge, Madurai.

2.The Judicial Magistrate (Fast Track Court, No.I), Madurai. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SHAMIM AHMED , J.

Nsr Order made in 13.11.2025 8/8