T.Kavitha v. Sri Senthurandavaar Auto Finance

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in STC No.2273 of 2023, dated 03.01.2024 passed by the learned Judicial Magistrate No.2, Karur, confirmed in C.A.No.139 of 2024 dated 12.09.2025 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 03.01.2024 for the offence under Section 138 read with 142 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.5,00,000/- (Rupees Five Lakhs only) to the defacto complainant within a period of one month from the date of the judgment, in STC No. 2273 of 2023 on the file of the learned Judicial Magistrate No.2, Karur.

¶3The learned District and Sessions Judge, Karur, confirmed the conviction and sentence, and dismissed C.A.No.139 of 2024 dated

12.09.2025. 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 20% 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.2, 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.1174 of 2026.

16.07.2026 pnn To

¶1The District and Sessions Judge, Karur.

¶2The Judicial Magistrate No.2, Karur. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,oJ pnn ooooooooooooooooooooooooooooooooooooooooooooo oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooCRLoMP(MD).oNo.14022oofo2026 in CRLoRC(MD).oNo.1174oofo2026 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.1174 of 2026 T.Kavitha ... Petitioner Vs Sri Senthurandavaar Auto Finance, Rep. by its Managing Partner, M.Natesan ... Respondent PRAYER :- To Suspend the sentence imposed on the petitioner by the judgment dated 03.01.2024 passed by the learned Judicial Magistrate No.2, Karur, sentencing the petitioner to undergo Simple Imprisonment for six months for the offence U/s. 138 r/w Sec. 142 Negotiable Instrument Act, 1881 as amended by the Act 66 of 1988 and confirmed by the judgment of the learned District and Sessions Judge, Karur, in C.A.No.139 of 2024 dated 12.09.2025. For Petitioner : Mr. K.Appadurai, Advocate.