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Madras High CourtCRL MP(MD)/20310/2025ordered

Sri Chandra Mauleeswara Spinning Mills (P) Limited v. Sri Narayana Traders

2025-12-18Honourable Mr Justice Mohammed Shaffiq6 pages

CRL MP(MD) NO. 20310 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18-12-2025

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) NO.20310 of 2025 IN CRL RC(MD) NO. 1648 OF 2025

1. Sri Chandra Mauleeswarar Spinning Mills (P) Limited, No. 454/4B, Palladam to Tharapuram Road, Elavanthi Vadugapallayam Division, V. Kallipalayam, Palladam, Tiruppur District - 641 664

2. M.Ravichandran, S/o. Mandirachalam, Full Time Director, Sri Chandra Mauleeswarar Spinning Mills (P) Limited, No. 454/4B, Palladam - Tharapuram Road, Elavanthi Vadugapallayam Division, V. Kallipalayam, Palladam, Thiruppur District- 641 664.

3. R.PREMALATHA, W/o. Ravichandran, Managing Director, Sri Chandra Mauleeswarar Spinning Mills (P) Limited, No. 454/4B, Palladam to Dharapuram Road, Elavanthi Vadugapallayam Division, V. Kallipalayam, Palladam, Thiruppur District - 641 664.

Petitioner(s)

Vs Sri Narayana Traders, Represented through his Managing Director, K.Rishi Narayana Raja, S/o.Kondu Raja, No.261, Tharmapuram Street, Rajapalayam - 626 117, Virudhunagar District.

... Respondent(s) For Petitioner(s):

Mr.P.Venkatesan Prayer:

To suspend the sentence imposed upon him in C.C.No.199/2018 on the file of the learned Judicial Magistrate Court, Rajapalayam dated 03.11.2020, which had been confirmed in C.A.No.61/2020 on the file of the learned Additional District Court, Srivilliputhur, Virudhunagar District by judgment dated 30.10.2025 pending disposal of the main criminal revision petition.

ORDER

Heard Mr.P.Venkatesan, learned Counsel for the petitioner. 2.Criminal Miscellaneous Petition has been filed praying to suspend the sentence imposed upon petitioners by Judicial Magistrate Court, Rajapalayam in C.C.No.199 of 2018 dated 03.11.2020, which was confirmed by Additional District Court, Srivilliputhur, Virudhunagar District in C.A.No.61 of 2020 dated 30.10.2025.

3.Learned counsel for petitioners would submit that petitioners were convicted by Judicial Magistrate, Rajapalayam, for offence under Section 138 and 142 of the Negotiable Instruments Act in C.C.No.199 of 2018 dated 03.11.2020 and sentenced them to undergo one year Simple Imprisonment and directed the petitioners 2 and 3 to pay compensation of Rs.15,00,000/- to the respondent, in default to undergo three months Simple Imprisonment. Aggrieved, petitioners filed Criminal Appeal No.61 of 2020, before Additional District Court, Srivilliputhur, Virudhunagar District and the lower Appellate Court vide order dated 30.10.2025, dismissed the appeal confirming the judgment passed by Trial Court. Aggrieved, petitioners filed present Criminal Revision Petition in Crl.RC(MD)No.

1648 of 2025 before this Court along with instant miscellaneous petition seeking suspension of sentence and bail. 4.Learned Counsel for petitioners would further submit that petitioners have raised substantial grounds in the above revision, which requires consideration; and that to show their bonafides, petitioners are willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence to the petitioners.

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 bail, on the following conditions, till the disposal of the above Criminal Revision:

i) Petitioners are directed to deposit 50% of cheque amount to the credit of C.C.No.199 of 2018 dated 03.11.2020 on the file of Judicial Magistrate Court, Rajapalayam, 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, petitioners are 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 Rajapalayam; iv) Petitioners 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) Petitioners shall appear and sign before Judicial Magistrate Rajapalayam, on the first working day of every month at 10.30 a.m., until the disposal of the revision; Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

vi) In case, if petitioners are 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, the Criminal Miscellaneous Petition is ordered. 18-12-2025 (1/2) rgm

To 1.The Judicial Magistrate Rajapalayam

2. Additional District Court, Srivilliputhur, Virudhunagar District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.