S.Rajendran v. S.Manickam

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/12/2025

CORAM

THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ in CRL RC(MD)No.1521 of 2025 S.Rajendran ... Petitioner Vs S.Manickam ... Respondent PRAYER in CRL MP(MD). No.19252 of 2025 :- To suspend the sentence passed by the Learned District and Sessions Judge, Karur in Crl.A.No.92 of 2023 dated 04.09.2023, conforming the Judgment of conviction and sentence passed by the Learned Judicial Magistrate, Fast Track Court (Magisterial level), Karur in C.C.No. 106/2019 dated 02.05.2023 and release the petitioner on bail. PRAYER in CRL MP(MD). No.19279 of 2025 :- To exempt the petitioner from surrendering before the trial Court in Crl.A.No.92 of 2023 dated 04.09.2023, passed by the learned District and Sessions Judge, Karur, confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Karur in C.C.No.106/2019 dated 02.05.2023. 1/6

For Petitioner : Mr. G.Karuppasamypandiyan, Advocate.

ORDER

Heard Mr.G.Karuppasamypandiyan, 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, Fast Track Court (Magisterial Level), Karur in C.C.No. 106/2019 dated 02.05.2023, which was confirmed by the learned District and Sessions Judge, Karur,in Crl.A.No.92 of 2023 dated 04.09.2025 and to exempt the petitioner from surrendering before the learned District and Sessions Judge, Karur in Crl.A.No.92 of 2023 dated 04.09.2025 and before the Judicial Magistrate, Fast Track Court (Magisterial Level), Karur in C.C.No.106/2019 dated 02.05.2023.

3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Fast Track Court (Magisterial Level), Karur for offence under Sections 138 of the Negotiable Instruments Act 2/6

in C.C.No.106/2019 dated 02.05.2023 and sentenced him to undergo one year Simple Imprisonment and to pay compensation of Rs.50,000/- to the respondent within one month, failing which, to undergo 1 month of simple imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.92 of 2023 before District and Sessions Judge, Karur and the lower Appellate Court, by the judgment dated 04.09.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.1521 of 2025 before this Court along with 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 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 3/6

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 and exempt the petitioner from surrendering before trial Court, on the following conditions, till the disposal of the above Criminal Revision: i) Petitioner is directed to deposit 50% of cheque amount of Rs.50,000/- to the credit of C.C.No.106/2019 on the file of Judicial Magistrate, Fast Track Court (Magisterial Level), Karur, 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 the Judicial Magistrate, Fast Track Court (Magisterial Level), Karur; Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 4/6

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, Fast Track Court (Magisterial Level), Karur, 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 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. 08-12-2025 pnn Note: Issue order copy on 26.12.2025 5/6

MOHAMMED SHAFFIQ, J pnn To

1. The District and Sessions Judge, Karur.

2. The Judicial Magistrate, Fast Track Court (Magisterial level), Karur.

ORDER

IN in CRL RC(MD)No.1521 of 2025 Date : 08/12/2025 6/6