Indhirani v. Natesan

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in C.C.No.577 of 2018, dated 07.02.2023 passed by the learned Fast Track Judicial Magistrate, at Magistrate Level, Karur, confirmed in C.A.No.32 of 2023 dated 02.07.2025 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 07.02.2023 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.2,00,000/- (Rupees Tow Lakhs only) to the defacto complainant within a period of one month from the date of the judgment in default, to undergo a further simple imprisonment for a period of one month, in C.C.No.577 of 2018 on the file of the learned Fast Track Judicial Magistrate, at Magistrate Level, Karur.

¶3The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed C.A.No.32 of 2023 dated

02.07.2025. 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 25% of the compensation amount (ie., Rs.50,000/-) 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 Fast Track Judicial Magistrate, at Magistrate 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.

(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.503 of 2026.

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

¶10List the matter after four weeks.

18.03.2026 pnn (2/3)

L. VICTORIA GOWRI,J pnn To:-

1.The District and Sessions Judge, Karur .

2.The Fast Track Judicial Magistrate, at Magistrate Level, Karur,

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN in CRL RC(MD). No.503 of 2026 Date : 18/03/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 18/03/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD). No.503 of 2026 Indhirani ... Petitioner Vs Natesan ... Respondent PRAYER :- To Suspend the execution of sentence imposed on the petitioner/ petitioner by the Learned Fast Track Judicial Magistrate, at Magistrate Level, Karur in C.C.No.577 of 2018 dated 7th February 2023 and confirmed by the Learned District and Sessions Judge, Karur, in Fast C.A.No.32 of 2023 dated 2nd July 2025 and enlarge the petitioner on bail pending disposal of the Criminal Revision Petition. For Petitioner : Mr. R M Sivakumar, Advocate.