V.Muthuraja v. T.Maruthamuthu

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence passed in C.A.No.34 of 2023 dated 11.11.2024 on the file of the V Additional District and Sessions Judge, Madurai District confirming the judgment passed in S.T.C.No.175 of 2020 dated 28.03.2023 on the file of the Judicial Magistrate No.I (Fast Track Court), Madurai sentencing the petitioner to undergo simple imprisonment for a period of 1 year and directed to pay compensation of Rs.6,00,478/- to the respondent within two months, failing which the petitioner shall undergo simple imprisonment for three months and enlarge the petitioner on bail.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 28.03.2023 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for 1 year and to pay compensation of Rs.6,00,478/- to the respondent within two months, failing which the petitioner shall undergo simple imprisonment for three months, in S.T.C.No.175 of 2020 on the file of the learned in Judicial Magistrate No.I (Fast Track Court), Madurai.

¶3The learned V Additional District and Sessions Judge, Madurai District, confirmed the conviction and sentence, and dismissed the C.A.No.34 of 2023, dated 11.11.2024. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence.

¶4The learned counsel appearing for the petitioner would contend that the petitioner is in judicial custody for more than 70 days and conceded to deposit a part of cheque amount to suspend the conviction and sentence against the petitioner herein and there is no representation from the counsel on record for the respondent to refute the same. He would further submit that there exist a several infirmity in the case of the complainant.

¶5On consideration of such contentions advanced on behalf of the petitioner and perusal of records and noticing many arguable points in involved in this Criminal Revision and the bonafides expressed by the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of suspension of sentence.

¶6Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision and bail is granted to the Petitioner, with the following directions:

(i) The Petitioner is directed to deposit 30% of cheque amount to the credit of S.T.C.No.175 of 2020 on the file of the Judicial Magistrate No.I (Fast Track Court), Madurai, on or before 08.09.2026, failing which the sentence suspended shall stand automatically vacated and the respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

(ii) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I (Fast Track Court), Madurai;

(ii) The sureties shall affix their photographs in and Left Thumb Impression in the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; and

(iv) The petitioner shall appear before the learned trial Court, on all working days at 10.30 a.m., until further orders.

19.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal Note: Issue order copy on 21.08.2026. To

1.The V Additional District and Sessions Judge, Madurai District.

2.The Judicial Magistrate No.I (Fast Track Court), Madurai.

3.Do through the Chief Judicial Magistrate, Madurai District.

4.The Superintendent, Central Prison, Madurai. CRL.MP(MD).No.16484oofo2026 in CRL.RC(MD).No.1346oofo2026 N.GUNASEKARAN,oJ. pal Orderomadeoin CRL.MP(MD).No.16484oofo2026 in CRL.RC(MD).No.1346oofo2026 Dated:o19.08.2026

in BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2026 CORAM THE HONOURABLE MR.JUSTICE N.GUNASEKARAN in V.Muthuraja ... Petitioner / Petitioner Vs. T.Maruthamuthu ... Respondent / Respondent PRAYER : Criminal Miscellaneous Petition filed under Section 528 of the B.N.S.S., to suspend the sentence imposed upon the revision petitioner by the judgment dated 11.11.2024 passed by the learned V Additional District and Sessions Judge, Madurai District in C.A.No.34 of 2023 confirming the judgment dated 28.03.2023 passed by the learned Judicial Magistrate No.I (Fast Track Court), Madurai, in S.T.C.No.175 of 2020, enlarge the petitioner on bail pending disposal of the main Criminal Revision Case. For Petitioner : Mr.M.Akilan For Respondent : NA in