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Madras High CourtCRL MP(MD)/20267/2025ordered

R.M.Dhanalakshmi v. Thinakaran

2025-12-19Honourable Mr Justice Mohammed Shaffiq7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ in Crl.RC.(MD)No.1642 of 2025 R.M.Dhanalakshmi ... Petitioner Vs.

M.Thinakaran ... Respondent Prayer in Crl.M.P(MD)No.20267 of 2025:

To suspend the sentence imposed upon the petitioner made in C.C.No.194 of 2018 on the file of learned Fast Track Court Judicial Magistrate (at Magistrate Level), Karur, dated 23.06.2023, wherein the petitioner was found guilty under Section 138 of Negotiable Instrument Act and sentenced to undergo 1 year Simple Imprisonment and no compensation, which had been confirmed in Crl.A.No.146 of 2023, on the file of learned District and Sessions Judge, Karur District by judgment dated 08.10.2025 pending disposal of the main Criminal Revision Petition.

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Prayer for Crl.M.P(MD)No.20269 of 2025:

To exempt the petitioner from surrender pursuant to the conviction and sentence imposed upon the petitioner made in C.C.No.194 of 2018 on the file of learned Fast Track Court Judicial Magistrate (at Magistrate Level), Karur, dated 23.06.2023, wherein the petitioner was found guilty under Section 138 of Negotiable Instrument Act and sentenced to undergo 1 year Simple Imprisonment and no compensation, which had been confirmed in Crl.A.No.146 of 2023, on the file of learned District and Sessions Judge, Karur District by judgment dated 08.10.2025, pending disposal of the main criminal revision petition. For Petitioner : Mr.S.Sharma

ORDER

Heard Mr.S.Sharma, learned Counsel for the Revision Petitioner.

2. Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate, Fast Track Court (at Magistrate Level), Karur in C.C.No.194 of 2018, dated 23.06.2023, which was confirmed by District and Sessions Judge, Karur District in Crl.A.No.146 of 2023, dated 08.10.2025, and to exempt the petitioner from surrendering before the Court below. 2/7

3. Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Fast Track Court(at Magistrate Level), Karur, for offence under Section 138 of the Negotiable Instruments Act in C.C.No.194 of 2018, dated 23.06.2023 and sentenced to undergo one year Simple Imprisonment.

3.1.Aggrieved, petitioner filed criminal appeal in Crl.A.No.146 of 2023 before District and Sessions Judge, Karur District and the lower Appellate Court, by the judgment dated 08.10.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.1642 of 2025 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 her bonafides, petitioner is willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence and bail to the petitioner.

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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 C.C.No.194 of 2018, dated 23.06.2023 on the file of Judicial Magistrate, Fast Track Court(at Magistrate 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 her 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 District Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663 4/7

and Sessions Judge, Karur District.

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 District and Sessions Judge, Karur District, 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, she 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 her absence, as directed by the trial Court.

6.Accordingly, these Criminal Miscellaneous Petitions are ordered.

19.12.2025 Nsr Note: Issue Order Copy on 07.01.2026.

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To:

1.The District and Sessions Judge, Karur.

2.The Judicial Magistrate, Fast Track Court at Magisterial Level, Karur.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court.

Madurai.

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MOHAMMED SHAFFIQ, J.

Nsr Order made in in Crl.RC.(MD)No.1642 of 2025 Dated: 19.12.2025 7/7