High Court · 2025

CRL MP(MD) NO. 536 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10-01-2025CORAMTHE HONOURABLE MR JUSTICE P.VADAMALAICRL MP(MD) NO. 536 of 2025INCRL RC(MD) NO. 44 OF 2025 V.R.RajangamSon of Raman Ambalam, Door No. 6, Kamarajar Third Street,Chinna Chokkikulam, Madurai-625002. Petitioner(s) VsDhanam alias DhanalakshmiWife of Rajangam, Pudukottai, Reddiyapatti post, Natham Taluk,Dindigul District. Respondent(s) For Petitioner(s): Mr.J. Barathan, AdvocateORDERThe petitioner has filed this petition to suspend the sentence imposed on him asper order dated 10.12.2024 passed, in Cr.M.P.No.1132 of 2024 in M.C.No.1 of 2018, onthe file of the learned District Munsif cum Judicial Magistrate, Natham, till thedisposal of the main Criminal Revision Case in Crl.R.C(MD)No.44 of 2025.1/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 536 of 20252.The brief facts of the case:The revision petitioner and the respondent are the husband and wife, and outof wedlock, a female child was also born to them. It is alleged that both the revisionpetitioner and the respondent have been residing separately due tomisunderstanding. While so, the respondent filed the petition under Section 125 ofCr.P.C. seeking maintenance in M.C.No.1 of 2018 before the learned District Munsifcum Judicial Magistrate, Natham. The revision petitioner contested the same. Afterhearing both the sides, the learned District Munsif cum Judicial Magistrate, Nathamallowed the petition on 31.01.2024 directing the revision petitioner to pay a sum ofRs.20,000/- per month, on or before 5th day of every English calender month, to therespondent from the date of filing the petition i.e. on 08.01.2018 and to pay the arrearsof maintenance amount to the respondent within a period of two months from thedate of judgment. Challenging the said order of maintenance, the revision petitionerhas filed the revision petition in Cr.R.P.No.3 of 2024, which is now pending on the fileof the learned Additional District cum Sessions Judge, Dindigul. As the revisionpetitioner has not paid the maintenance amount, the respondent filed the petitionunder Section 144(3) of BNSS seeking arrears in Cr.M.P.No.1132 of 2024 in M.C.No.1of 2018 before the learned District Munsif cum Judicial Magistrate, Natham, and on10.12.2024, the learned District Munsif cum Judicial Magistrate, Natham passed the2/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 536 of 2025order of sentence of simple imprisonment of 1155 days and issued a warrant tosecure the revision petitioner.3. Being aggrieved by the same, the revision petitioner has preferred the mainCriminal Revision Case, along with the present Criminal Miscellaneous Petitionseeking for suspending the impugned order pending disposal of the main criminalrevision case.4. The learned counsel appearing for the revision petitioner has submitted thatthe petitioner is a senior citizen, who is now aged 67 years. The petitioner has alreadydeposited a sum of Rs.5,00,000/- before the learned District Munsif cum JudicialMagistrate, Natham by way of a demand draft dated 23.12.2024 and the said demanddraft is now under the custody of the learned District Munsif cum JudicialMagistrate, Natham. He also submitted that the trial Court has not given sufficientopportunity to the petitioner to prove his case, and there are several infirmities inmaintenance case. However, on the petitioner's side, it is submitted that the petitioneris ready to deposit 50% of the arrears of maintenance amount i.e. a sum ofRs.7,70,000/- (Rupees Seven Lakhs and Seventy Thousand only) less alreadydeposited. So, the impugned order may be suspended till the disposal of criminalrevision.3/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 536 of 20255. This Court has carefully considered the submissions put forth by the side ofthe petitioner, and also perused the materials available on record. The petitioner isaged 67 years. Though the petitioner has preferred the main criminal revision againstthe impugned order of simple imprisonment of 1155 days passed in Cr.M.P.No.1132of 2024 in M.C.No.1 of 2018 by the learned District Munsif cum Judicial Magistrate,Natham on 10.12.2024 alleging certain infirmities in the impugned order, they are tobe decided while deciding the criminal revision on merits. At this juncture, thepetitioner has submitted that he is ready to deposit 50% of the arrears of maintenanceamount i.e. a sum of Rs.7,70,000/- (Rupees Seven Lakhs and Seventy Thousand only)less already deposited. Therefore, considering the above facts and circumstances, andalso considering the age of the petitioner, this Court is of the considered view that thepetitioner is entitled to the relief of suspension of sentence on condition. 6. Accordingly, the suspension of sentence petition is allowed and the sentenceof the imprisonment alone is suspended against the petitioner till the disposal of themain Criminal Revision on the following conditions:- (i) Since the petitioner has already paid a sum ofRs.5,00,000/- (Rupees Five Lakhs only), towards 50% of thearrears of maintenance amount, through Demand Draft, which4/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 536 of 2025is now under the custody of the learned District Munsif cumJudicial Magistrate, Natham, the respondent is permitted toreceive the said Demand Draft from the learned District Munsifcum Judicial Magistrate, Natham and further, the petitionershall deposit the remaining amount of Rs.2,70,000/- (RupeesTwo Lakhs and Seventy Thousand only) to the credit ofCr.M.P.No.1132 of 2024 in M.C.No.1 of 2018 on the file of thelearned District Munsif cum Judicial Magistrate, Natham on orbefore 28.01.2025. On such deposit, the respondent is permittedto withdraw the said sum.(ii) On such deposit, the petitioner is ordered to beenlarged on bail on executing a bond for a sum ofRs.25,000/- (Rupees Twenty Five Thousand only) with twosureties each for a like sum to the satisfaction of the learnedDistrict Munsif cum Judicial Magistrate, Natham;(iii) The sureties shall affix their photographs and LeftThumb Impression in the surety bond and the trial Court may5/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 536 of 2025obtain a copy of their Aadhar card or Bank Pass Book to ensuretheir identity; and (iv) The petitioner shall appear before the trial Court oncein a month i..e, on the first working day of every EnglishCalendar month at 10.30 a.m until further orders.6. Issue notice to the respondent returnable on 29.01.2025. Private notice is alsopermitted.7. List the matter under the caption “for reporting compliance” on 29.01.2025. sd/- 10/01/2025 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. MKNTO1 THE DISTRICT MUNSIF CUMJUDICIAL MAGISTRATE, NATHAM.6/7 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 536 of 20252 DO THROUGH THE CHIEF JUDICIAL MAGISTRATEDINDIGUL. ORDER IN CRL MP(MD) No.536 of 2025INCRL RC(MD) NO. 44 OF 2025 Date :10/01/2025 SS/SAR- /20/01/2025/ 7P/3CMadurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7