K.Arivumani v. C. Sivakumar,

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Principal District and Sessions Judge, Karur in Crl.A.No.193 of 2025 by the Judgment dated

10.06.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur in S.T.C.No. 59 of 2023 by the judgment dated 21.06.2025 and enlarge the petitioner on bail pending disposal of the criminal revision.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 21.06.2025 for the offence under Section 138 r/w 142 of the Negotiable Instrument Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for a period of one year and to pay a cheque amount of Rs.7,40,000/- (Rupees Seven Lakhs and Forty Thousand only) as compensation to the respondent within a period of one month, in default, to undergo simple imprisonment for a period of one month, in S.T.C.No.59 of 2023 on the file of the learned Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur.

¶3The learned Principal District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed the C.A.No.193 of 2025, dated

10.06.2026. 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 an amount of Rs.1,85,000/- (Rupees One Lakh and Eighty Five Thousand only) 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, Fast Track Court @ Magisterial Level, Karur;

(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.

¶8Notice.

22.07.2026 gbg To

1.The Principal District and Sessions Judge, Karur.

2.The Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur.

3.Do through the Chief Judicial Magistrate, Karur District. L.VICTORIAoGOWRI,oJ., oooooooooooooooooo gbg oo Crl.oMP(MD)No.14666oofo2026 in CRLoRC(MD)No.1216oofo2026 oooooooooooooo

22.07.2026 (2/3)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.14666 of 2026 in CRL RC(MD) No.1216 of 2026 K.Arivumani ... Petitioner/Petitioner Vs. C.Sivakumar ... Respondent/Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 438 of BNSS to suspend the sentence of imprisonment imposed by the learned Principal District and Sessions Judge, Karur in Crl.A.No.193 of 2025 by the Judgment dated 10.06.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate, Fast Track Court @ Magisterial Level, Karur in S.T.C.No.59 of 2023 by the judgment dated 21.06.2025 and enlarge the petitioner on bail pending disposal of the criminal revision. For Petitioner : Mr.K.Balasubramani