High Court · 2025

CRL MP(MD) NO. 4027 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25-03-2025CORAMTHE HONOURABLE MR JUSTICE K.MURALI SHANKARCRL MP(MD) No. 4027 of 2025in CRL RC(MD) No. 389 of 2025 N.Santhi Petitioner Vs1.P.Dhandapani (Died)2.Manimala3.Palaniyammal4.Babu5.Bharathi6.Sujipriya Respondents(R2 to R6 are substituted as per order of the Court, dated 20.03.2025 in Crl.M.P(MD)No.3655 of 2025 in Crl.RC(MD)SR No.4458 of 2025) Prayer in CRL MP(MD) No. 4027 of 2025 : Criminal Miscellaneous Petition filedunder Section 438(1) of Cr.P.C., seeking orders to suspend the sentence imposed injudgment, dated 30.11.2022 passed in Crl.A.No.2 of 2022 on the file of the PrincipalDistrict Judge, Karur, confirming the judgment, dated 16.12.2021 passed inC.C.No.777 of 2017 on the file of the learned Judicial Magistrate (Fast Track Court)Magisterial Level, Karur. Prayer in CRL RC(MD) No. 389 of 2025 : Criminal Revision Petition filed underSections 438 r/w 442 BNSS, to call for the records pertaining to the judgment, dated30.11.2022 passed in Crl.A.No.2 of 2022 on the file of the Principal District Judge,Karur confirming the judgment, dated 16.12.2021 passed in C.C.No.777 of 2017 on1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4027 of 2025 the file of the Judicial Magisterial (Fast Track Court) Magisterial Leveli, Karur andset aside the same. (cause title amended as per order of the Court, dated 25.03.2025 in Crl.M.P(MD)No.4092 of 2025 in Crl.RC(MD)No.389 of 2025) For Petitioner : Mr.C.Mayilvaha RajendranFor Respondents : Mr.N.Balasubramanian ORDERThe above petition has been filed to suspend the sentence imposed on the petitionerby the learned Judicial Magistrate (FTC) Magisterial Level, Karur, in C.C.No.777 of2017, dated 16.12.2021, which was confirmed by the learned Principal DistrictJudge, Karur, in Crl.A.No.2 of 2022, dated 31.12.2022.2. The case of the respondent/complainant is that the petitioner/accused borroweda sum of Rs.6,50,000/- on 08.03.2015 and agreed to repay the amount with interest atRs.1.00 per 100 per month; that after receiving the amount from the complainant, thepetitioner has paid the interest upto 08.10.2015 and on the same day, she has issueda cheque, dated 10.10.2015 for Rs.6,50,000/-, drawn on Corporation Bank,Tiruchirappalli bearing No.536146, in favour of the complainant; that on 12.10.2015,the complainant has presented the cheque for collection through his banker KarurVysya Bank, Central Branch, Karur, the same was returned on 13.10.2015 with2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4027 of 2025 reason as “funds insufficient”; that when the same was informed to the petitioner,she has asked the complainant to present the cheque on first week of November2015; that the complainant has presented the cheque on 09.11.2015 for collection,through his banker Karur Vysya Bank, Central Branch, Karur, the same wasreturned on 10.11.2015 with reason as “funds insufficient”; that thereafter, thecomplainant has issued another cheque, dated 06.12.2016, drawn on CorporationBank, Tiruchirappalli bearing No.961099; that the complainant has presented thecheque for collection on 07.12.2016, the same was returned on 08.12.2016 with thereason as “funds insufficient” ; that the complainant has issued a statutory notice,dated 19.12.2016 to the petitioner demanding repayment of the amount covered bythe cheque and that the petitioner after receiving the notice neither paid the chequeamount nor replied to the legal notice. Hence, the complainant has filed a privatecomplaint for the offence under Section 138 of Negotiable Instruments Act.3. The learned counsel appearing for the petitioner would submit that the petitionerhas been convicted by the trial Court for the alleged offence under Section 138 ofNegotiable Instruments Act and sentenced him to undergo one year simpleimprisonment and to pay a compensation of Rs.6,50,000/-, in default, to undergoone month simple imprisonment. 4. Challenging the above said conviction and sentence, the petitioner has filed an3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4027 of 2025 appeal in Crl.A.No.2 of 2022 on the file of the learned Principal District Judge,Karur. The learned Principal District Judge, confirming the conviction and sentence,dismissed the appeal. Being dissatisfied with the dismissal of the appeal, thepetitioner has preferred the present Criminal Revision along with the instantmiscellaneous petition seeking suspension of sentence. 5.The learned counsel appearing for the petitioner as well as the learned counselappearing for the respondents would submit that the parties have entered intocompromise and in pursuance of the same, the petitioner is paying a sum ofRs.2,75,000/- through demand draft and the learned counsel appearing for therespondents is consented to receive the same. 6. The learned counsel appearing for the petitioner would submit that the petitioneris in prison from 28.11.2024. He would submit that the petitioner has already agreedto pay the balance amount before 20th of April. 7. This Court has carefully considered the contentions put forward by the learnedcounsel appearing for the petitioner and also perused the materials available onrecord.8.In the result, the Criminal Miscellaneous Petition is ordered. Accordingly, therelief of suspension of sentence and bail is granted to the petitioner on the followingconditions:-4/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4027 of 2025 (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (RupeesTwenty Five Thousand only) with two sureties, each for a like sum tothe satisfaction of the learned Judicial Magistrate, Fast Track Court( Magisterial Level), Karur ;(ii) The sureties shall affix their photographs and Left ThumbImpression in the surety bond and the trial Court may obtain a copy oftheir Aadhar card or Bank Pass Book to ensure their identity; and(iii) The petitioner shall appear before the trial Court once in a monthi.e., on the first working day of every English calendar month at 10.30a.m., until further orders and if she is not able to appear before the trialCourt on any day, she shall make arrangements to file an applicationunder Section 317 of Cr.P.C and shall appear before the trial Court onany other day in lieu of the date of his absence, as directed by the trialCourt. sd/- 25/03/2025 / TRUE COPY / /03/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023. dasTO1 THE PRINCIPAL DISTRICTJUDGE, KARUR.2 THE JUDICIAL MAGISTRATE,FAST TRACK COURT(MAGISTERIAL LEVEL), KARUR.5/6 https://www.mhc.tn.gov.in/judis CRL MP(MD) NO. 4027 of 2025 3 THE SUPERINTENDENT OF PRISON,SPECIAL PRISON FOR WOMEN, TRICHY.4 THE CHIEF JUDICIAL MAGISTRATEKARUR DISTRICT.+1 CC to M/s.C.MAYIL VAHANA RAJENDRAN, Advocate ( SR-3390[I] dated25/03/2025 ) ORDER IN CRL MP(MD) No.4027 of 2025 IN CRL RC(MD) No.389 of 2025 Date :25/03/2025 MK/SAR /25.03.2025 6P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6