Madras High CourtCRL MP(MD)/3503/2026ordered

Srinivasan v. Selvaraj

2026-02-16Honourable Mr Justice Mohammed Shaffiq5 pages

CRL MP(MD) NOs. 3503 and 3504 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16-02-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) NOs. 3503 and 3504 of 2026 in CRL RC(MD) NO. 279 OF 2026 Srinivasan Petitioner(s) in both petitions Vs Selvaraj Respondent(s) in both petitions For Petitioner(s):

Mr.R.Murugan Prayer for Crl.M.P(MD)No.18909/2025:

To suspend the execution of Sentence imposed on petitioner by the District Munsif cum Judicial Magistrate, Srirangam in S.T.C.No.30 of 2020 dated 2nd December 2024 and confirmed by the learned II Additional District and Sessions Judge, Trichy in C.A.No.6 of 2025 dated 30th July 2025 and enlarge the petitioner on bail pending disposal of the criminal revision petition.

Prayer for Crl.M.P(MD)No.18911/2025:

To exempt the petitioner from appearing before the District Munsif cum Judicial Magistrate, Srirangam in S.T.C.No.30 of 2020 dated 2nd December 2024 and confirmed by the learned II Additional District and Sessions Judge, Trichy in C.A.No.6 of 2025 dated 30th July 2025 and enlarge the petitioner on bail pending disposal of the criminal revision petition.

COMMON ORDER Heard Mr.R.Murugan, learned Counsel for petitioner.

2. Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by District Munsif cum Judicial Magistrate, Srirangam in S.T.C.No.30 of 2020 dated 02.12.2024, which was confirmed by II Additional District and Sessions Judge, Trichy in Crl.A.No.6 of 2025 dated 30.07.2025 and to exempt the petitioner from surrendering before the Court below.

3. Learned counsel for petitioner would submit that petitioner was convicted by District Munsif cum Judicial Magistrate, Srirangam for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.30 of 2020 dated 02.12.2024 and sentenced to undergo one year simple imprisonment and to pay compensation of Rs.5,50,000/- to respondent, in default to undergo three months simple imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.6 of 2025 before II Additional District and Sessions Judge, Trichy and the lower Appellate Court by judgment dated 30.07.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.279 of 2026 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

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.

5. 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 exempt the petitioner from surrendering before the trial court, 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 Crl.A.No.6 of 2025 dated 30.07.2025 on the file of II Additional District and Sessions Judge, Trichy, 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 II Additional District and Sessions Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

Judge, Trichy;

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 II Additional District and Sessions Judge, Trichy, on the first working day of every month at 10.30 a.m., until the disposal of the revision;

vi) In case, petitioner is not able to appear before the said 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 said Court on any other day in lieu of the date of his absence, as directed by the said Court.

6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 16-02-2026 (1/2) rgm

To 1.The II Additional District and Sessions Judge, Trichy 2.The District Munsif cum Judicial Magistrate, Srirangam 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.