M.Dhayalan v. K.Arun

ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence passed in C.A.No.168 of 2017 dated 27.08.2020 on the file of the Sessions Court, Karur confirming the judgment passed in C.C.No.50 of 2012 dated 07.08.2017 on the file of the Judicial Magistrate, Fast Track Court (Magistrate Level), Karur sentencing the petitioner to undergo six months of simple imprisonment and directed to pay a fine of Rs.3,000/-, failing which the petitioner shall undergo simple imprisonment for one month and enlarge the petitioner on bail.

¶2The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 07.08.2017 for the offence under Section 138 of the Negotiable Instrument Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for six months and to pay a fine of Rs.3,000/-, in default, to undergo simple imprisonment for a period of one month, in C.C.No.50 of 2012 on the file of the learned Judicial Magistrate, Fast Track Court (Magistrate Level), Karur. in

¶3The learned Sessions Court, Karur, confirmed the conviction and sentence, and dismissed the C.A.No.168 of 2017, dated 27.08.2020. 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 10% of the cheque amount of Rs.5,00,000/- before the Trial Court pursuant to the order of this Court dated 30.07.2026.

¶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 in 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 (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 in learned trial Court, on all working days at 10.30 a.m., until further orders.

¶8Notice.

19.08.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No pal Note:Issue order copy on 19.08.2026. To

1.The Sessions Court, Karur.

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

3.Do through the Chief Judicial Magistrate, Karur District. CRL.MP(MD).No.12653oofo2026 in CRL.RC(MD).No.1061oofo2026 N.GUNASEKARAN,oJ. pal Orderomadeoin CRL.MP(MD).No.12653oofo2026 in CRL.RC(MD).No.1061oofo2026 Dated:o19.08.2026

in BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2026 CORAM THE HONOURABLE MR.JUSTICE N.GUNASEKARAN in M.Dhayalan ... Petitioner / Revision Petitioner Vs. K.Arun ... Respondent / Respondent PRAYER : Criminal Miscellaneous Petition filed under Section 528 of the B.N.S.S., to suspend the sentence imposed upon the revision petitioner by the judgment dated 27.08.2020 passed by the learned Sessions Court, Karur in C.A.No.168 of 2017 confirming the judgment dated 07.08.2017 passed by the learned Judicial Magistrate, Fast Track Court (Magistrate Level), Karur, in C.C.No.50 of 2012, enlarge the petitioner on bail pending disposal of the main Criminal Revision Case. For Petitioner : Mr.J.Jaaswant For Respondent : Mr.K.Suresh in