Gunasekar v. George Stephenson

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in STC No.146/2023, dated 04.08.2025 passed by the learned Judicial Magistrate No.II, Kulithalai, confirmed in CA.No. 221/2025 dated 23.06.2026 on the file of the District and Sessions Judge, Karur 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 04.08.2025 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.1,00,000/- (Rupees One Lakh only) to the defacto complainant, in default, to undergo a further simple imprisonment for a period of one month, in STC No.146/2023 on the file of the learned Judicial Magistrate No.II, Kulithalai.

¶3The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed CA.No.221/2025 dated

23.06.2026. 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. Further, he submitted that the petitioner has already deposited Rs.25,000/- out of the compensation, before the learned trial Court.

¶5This Court has carefully considered the rival contentions put forward by the learned counsel for the petitioner 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, Kulithalai;

(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.1180 of 2026.

16.07.2026 pnn To

1.The District and Sessions Judge, Karur.

¶2The Judicial Magistrate No.II, Kulithalai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,J pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoMP(MD).oNo.14104oofo2026 in CRLoRC(MD).oNo.1180oofo2026 ooooooooooooooooooooooooooooooDateoo:o16/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.1180 of 2026 Gunasekar ... Petitioner Vs George Stephenson ... Respondent PRAYER :- To suspend the sentence imposed in CA.No.221/2025 by the District and Sessions Judge, Karur dated 23.06.2026 by confirming the judgment made in STC No.146/2023 by the Judicial Magistrate No.II, Kulithalai, dated 04.08.2025 and enlarge the petitioner on bail. For Petitioner : Mr. Yogeswaran S, Advocate.