P.Murasoli v. R.Murugesan
CRL MP(MD) NOs. 20079 and 20081 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17-12-2025
CORAM
THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) Nos. 20079 and 20081 of 2025 IN CRL RC(MD) NO. 1622 of 2025 P.Murasoli S/o.Periyasamy @ E.T. Ganesan Petitioner(s) Vs R.Murugesan S/o.Ramasamy Respondent(s) For Petitioner(s):
Mr. S.Gokularaj Prayer for Crl.M.P(MD)No.20079/2025:
To Suspend the sentence of imprisonment and sentence imposed in Crl Appeal No.70 of 2024 on the file of the Learned District and Sessions Judge, Karur, dated 07.10.2025 by confirming the Judgment in STC No.406/2020 on the file of Learned Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur dated 11.03.2024, pending disposal of the Criminal Revision. Prayer for Crl.M.P(MD)No.20081/2025:
To Exempt the Petitioner from Surrender in pursuant to the Judgment in Crl Appeal No.70/2024 on the file of the Learned District and Sessions Judge, Karur, dated 07.10.2025 by confirming the Judgment in STC No.406/2020 on the file of Learned Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur dated 11.03.2024.
COMMON ORDER Heard Mr. S.Gokularaj, learned Counsel for the petitioner. 2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur in S.T.C.No.406 of 2020 dated 11.03.2024, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.70 of 2024, dated 07.10.2025 and to exempt the petitioner from surrendering before the Court below. 3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur for offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.406 of 2020 dated 11.03.2024 and sentenced him to undergo one year Simple Imprisonment and to pay compensation of Rs.
2,50,000/- to respondent within a period of one month, in default, to undergo simple imprisonment for another one month. Aggrieved, petitioner filed criminal appeal in Crl.A.No.70 of 2024 before District and Sessions Judge, Karur District and the lower Appellate Court, by the judgment dated 07.10.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.1622 of 2025 before this Court along with the instant miscellaneous petitions seeking suspension of sentence,exemption from surrender and bail.
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, bail 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 S.T.C.
No.406 of 2020 dated 11.03.
Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663
(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, Fast Track Court @ Magisterial Level, Karur;
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, these Criminal Miscellaneous Petitions are ordered. 17-12-2025 gvn Note:Issue order copy on 19.12.2025
To 1.The Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur 2.The District and Sessions Judge, Karur.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
MOHAMMED SHAFFIQ, J gvn
ORDER
IN CRL MP(MD). Nos.20079 & 20081 of 2025 in CRL RC(MD)No.1622 of 2025 Date : 17/12/2025 1/2