A.Subramanian v. K.Saravanan

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence passed by the learned District and Sessions Judge, Karur in Crl.A.No. 136 of 2024 dated 01.06.2026 by confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate (Fast Track Court at Magisterial Level), Karur in C.C.No.496 of 2018 dated 27.06.2024 and enlarge the petitioner on bail pending disposal of the above appeal.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 27.06.2024 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 six months and to pay compensation of Rs.3,00,000/- (Rupees Three Lakhs only) to the complainants within a period of one month, in default, to undergo simple imprisonment for a period of one month, in C.C.No.496 of 2018 on the file of the learned Judicial Magistrate (Fast Track Court at Magisterial Level), Karur.

¶3The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed the C.A.No.136 of 2024, dated

01.062026. 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.75,000/- (Rupees Seventy 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 at 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.

24.07.2026 gbg To

1.The District and Sessions Judge, Karur.

2.The Judicial Magistrate (Fast Track Court at Magisterial Level), Karur.

3.Do through the Chief Judicial Magistrate, Madurai District. L.VICTORIAoGOWRI,oJ., oooooooooooooooooo gbg oo Crl.oMP(MD)No.14887oofo2026 in CRLoRC(MD)No.1230oofo2026 oooooooooooooo

24.07.2026 (2/3)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.14887 of 2026 in CRL RC(MD) No.1230 of 2026 A.Subramanian ... Petitioner/Appellant/Accused Vs. 1.K.Saravanan 2.Rajeshwari 3.K.Parvathi ... Respondents/Respondents/Complainants Prayer : This Criminal Miscellaneous Petition is filed under Section 438 of BNSS to suspend the sentence passed by the learned District and Sessions Judge, Karur in Crl.A.No.136 of 2024 dated 01.06.2026 by confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate (Fast Track Court at Magisterial Level), Karur in C.C.No.496 of 2018 dated 27.06.2024 and enlarge the petitioner on bail pending disposal of the above appeal. For Petitioner : Mr.S.Vairamuthu