Jiyavudeen v. S.Sivakumar

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in CC No.13 of 2022, dated 20.02.2024 passed by the learned District Munsif cum Judicial Magistrate, Natham, Dindigul District, confirmed in CA No.35 of 2024 dated 03.06.2026 on the file of the Additional District and Sessions Judge, Dindigul 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 20.02.2024 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.2,000/- (Rupees Two Thousand only), in default, to undergo a further simple imprisonment for a period of one month and also to pay the compensation of Rs.2,00,000/- (Rupees Two Lakhs only) to the defacto complainant in CC No.13 of 2022 on the file of the learned District Munsif cum Judicial Magistrate, Natham, Dindigul District.

¶3The learned Additional District and Sessions Judge, Dindigul, confirmed the conviction and sentence, and dismissed CA No.35 of 2024 dated

03.06.2026. 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.

¶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. He further submitted that 20% of the compensation amount has already been deposited.

¶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 District Munsif cum Judicial Magistrate, Natham, Dindigul District;

(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. 954 of 2026.

¶8Notice through Court as well as privately, to the respondent, returnable in two weeks.

¶9List the matter after two weeks.

25.06.2026 sm (2/2) To:-

1.The Additional District and Sessions Judge, Dindigul.

2.The District Munsif cum Judicial Magistrate, Natham, Dindigul District,

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. L.VICTORIAoGOWRI,oJ. oooooooooooooooooo sm oo Crl.oMP(MD)No.11220oofo2026 in CRLoRC(MD)No.954oofo2026 (2/2) oooooooooooooo

25.06.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.11220 of 2026 in CRL RC(MD) No.954 of 2026 Jiyavudeen ... Petitioner Vs. S.Sivakumar ... Respondent PRAYER: This Criminal Miscellaneous Petition is filed under Section 438(1) of BNSS to suspend the sentence imposed in CA No.35 of 2024 dated 03.06.2026 on the file of the Additional District and Sessions Judge, Dindigul, Dindigul District, wherein they have confirmed the judgment of the District Munsif cum Judicial Magistrate, Natham, Dindigul District, in CC No.13 of 2022, dated 20.02.2024. For Petitioner : Mr.N.Palaniyandi