Madras High CourtCRL MP(MD)/684/2026ordered

A.Zulifiquar Ali v. M/S.Kalayarasi Auto Finance

2026-01-12Honourable Mr Justice Mohammed Shaffiq5 pages

CRL MP(MD) NOs. 684 and 685 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12-01-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ CRL MP(MD) NOs. 684 and 685 of 2026 in CRL RC(MD) NO.50 of 2026 A.Zulifiquar Ali Petitioner(s) in both petitions Vs M/s.Kalayarasi Auto Finance, Rep., by its Working Partner, R.Kathiresan Respondent(s) in both petitions For Petitioner(s):

Mr.S.Manoj Kumar Prayer for Crl.M.P(MD)No.684/2026:

To Suspend the sentence of imprisonment and sentence imposed in Crl.A.No.91 of 2024 on the file of the District and Sessions Judge, Karur, dated 01.09.2025 by confirming the conviction made in C.C.No.114 of 2018 on the file of the Fast Track Court Judicial Magistrate @ Magistrate Level, Karur dated 27.02.2024. Prayer for Crl.M.P(MD)No.685/2026:

To exempt the petitioner from surrender in pursuant to the judgment in Crl.A.No.91 of 2024 on the file of the District and Sessions Judge, Karur, dated 01.09.2025 by confirming the conviction made in C.C.No.114 of 2018 on the file of the Fast Track Court Judicial Magistrate @ Magistrate Level, Karur dated 27.02.2024.

COMMON ORDER Heard Mr.S.Manojkumar, learned Counsel for the petitioner. 2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Fast Track Court Judicial Magistrate @ Magistrate Level, Karur in C.C.No.114 of 2018 dated 27.02.2024, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.91 of 2024 dated 01.09.2025 and to exempt the petitioner from surrendering before the Court below. 3.Learned counsel for petitioner would submit that petitioner was convicted by Fast Track Court Judicial Magistrate @ Magistrate Level, Karur and sentenced him to undergo simple imprisonment for one year, and to pay compensation of Rs.

5,81,900/- to the respondent within a period of one month, in default to undergo one month simple imprisonment, for the offence under Section 138 of Negotiable Instrument Act.. Aggrieved, petitioner filed criminal appeal in Crl.A.No.91 of 2024 before District and Sessions Judge, Karur and the lower Appellate Court, by the judgment dated 01.09.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.50 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 petitioner also paid fine amount as per the order of the trial Court; and that to show his bonafides, he 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, 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.114 of 2018 dated 27.02.

(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 Fast Track Court Judicial Magistrate @ Magistrate 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 Fast Track Court Judicial Magistrate @ Magistrate 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. 12-01-2026 (1/2) rgm

To 1.The Fast Track Court Judicial Magistrate @ Magistrate Level, Karur 2.The District and Sessions Judge, Karur 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.