Babu v. Seeniammal

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in CC.No.36 of 2019, dated 13.03.2023 passed by the learned Judicial Magistrate No.II, Sattur, confirmed in C.A.No.44 of 2023 dated 15.12.2025 on the file of the Additional District and Sessions Judge, Srivilliputhur pending disposal of this criminal revision petition.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 13.03.2023 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for six months and to pay the compensation of Rs.3,00,000/- (Rupees Three Lakhs only) to the defacto complainant, in default, to undergo a further simple imprisonment for a period of one month, in CC.No.36 of 2019 on the file of the learned Judicial Magistrate No.II, Sattur.

¶3The learned Additional District and Sessions Judge, Srivilliputhur, confirmed the conviction and sentence, and dismissed C.A.No.44 of 2023 dated 15.12.2025. 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 for the petitioner submitted that there are several infirmities in the prosecution case, and also there are contradictions in material particulars between the evidence of the prosecution witnesses. Further, he submitted that the petitioner has already deposited 20% of the compensation before the learned trial Court.

¶5This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record.

¶6The learned counsel for the petitioner pointed out that there are certain infirmities and inconsistencies in this case, and also there are certain contradictions in material particulars. The fact remains that there are arguable points involved in this criminal revision and further, the criminal revision is not likely to be taken up for final hearing in the near future and as such, and also considering the bonafide expressed by the petitioner, this Court is of the considered view that the petitioner herein is entitled to the relief of grant of suspension of sentence.

¶7Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the following directions :

(i) 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.II, Sattur;

(ii) The sureties shall affix their photographs 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

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

(iv) The learned trial Court shall re-deposit the said sum in a Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD)No.475 of 2026.

08.07.2026 pnn To

1.The Additional District and Sessions Judge, Srivilliputhur.

¶2The Judicial Magistrate No.II, Sattur. ooooooooooooooooooooooooooooooooL.VICTORIAoGOWRI,J pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoMP(MD).oNo.13336oofo2026 in CRLoRC(MD).oNo.1119oofo2026 ooooooooooooooooooooooooooooooDateoo:o08/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 08/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L.VICTORIA GOWRI in CRL RC(MD). No.1119 of 2026 Babu ... Petitioner Vs Seeniammal ... Respondent PRAYER :- To suspend the sentence by granting bail in the order passed by Additional District and Sessions Judge, Srivilliputhur in C.A.No.44 of 2023 dated 15.12.2025 in confirming the judgment of the Judicial Magistrate No.II, Sattur in CC.No.36 of 2019 dated 13.03.2023 till the disposal of the criminal revision petition. For Petitioner : Mr. N.Mariappan, Advocate.