Madras High CourtCRL MP(MD)/1272/2026ordered

Manthiram v. Jegatheesan

2026-01-22Honourable Mr Justice Mohammed Shaffiq5 pages

CRL MP(MD) Nos. 1272 and 1274 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-01-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) Nos.1272 and 1274 of 2026 in CRL RC(MD) No. 97 of 2026 Manthiram Petitioner(s) in both petitions Vs Jegatheesan Respondent(s) in both petitions For Petitioner(s):

Mr.N.Pragalathan in both petitions Prayer for Crl.M.P(MD)No.1272 of 2026:

To suspend the Sentence imposed on the petitioner by the Judgment dated 02.09.2025 passed in C.A.No.28 of 2019 on the file of the Principal Sessions Court, Thoothukudi confirming the Judgment dated 21-05-2019 passed in C.C.No.336 of 2013 on the file of the Judicial Magistrate, Tiruchendur, Thoothukudi District and enlarge the petitioner on bail pending disposal of the above criminal revision petition. Prayer for Crl.M.P(MD)No.1274 of 2026:

To exempt the petitioner to surrender before the Lower Appellate Court to take the Judgment dated 02.09.2025 passed in C.A.No.28 of 2019 on the file of the Principal Sessions Court, Thoothukudi confirming the Judgment dated 21-05-2019 passed in C.C.No.336 of 2013 on the file of the Judicial Magistrate, Tiruchendur, Thoothukudi District and enlarge the petitioner on bail pending disposal of the above criminal revision petition.

COMMON ORDER Heard Mr.N.Balasubramanian learned Counsel for petitioner. 2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate, Tiruchendur, Thoothukudi District in C.C.No.336 of 2013 dated 21.05.2019, which was confirmed by Principal Sessions Court, Thoothukudi in C.A.No.28 of 2019, dated 02.09.2025 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, Tiruchendur, Thoothukudi District for offence under Section 138 of the Negotiable Instruments Act in C.C.No.336 of 2013 dated 21.05.2019 and sentenced him to undergo one year simple imprisonment and to pay a fine of Rs.5000/-, in default to undergo thirty days simple imprisonment.

Aggrieved, petitioner filed criminal appeal in Crl.A.No.28 of 2019 before Principal Sessions Court, Thoothukudi and the lower Appellate Court, by the judgment dated 21.05.2019 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.97 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 and bail 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 C.C.No.336 of 2013 dated 21.05.2019 on the file of Judicial Magistrate, Tiruchendur, Thoothukudi District, 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 Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

sureties each for a like sum to the satisfaction of Judicial Magistrate, Tiruchendur, Thoothukudi 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 Judicial Magistrate, Tiruchendur, Thoothukudi 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, 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. 22-01-2026 rgm

To 1.The Judicial Magistrate, Tiruchendur, Thoothukudi District 2.The Principal Sessions Court, Thoothukudi 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.