Crl.M.P.(MD)No.13146 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2026 CORAM THE HONOURABLE MRS JUSTICE L.VICTORIA GOWRI CRL MP(MD) No.13146 of 2026 in CRL RC(MD) No.1106 of 2026 1.DSR Traders, Through its Partner R.Ravindran. 2.R.Ravindran ... Petitioners/Petitioners Vs. N.Shanmugavel ... Respondent/Respondent Prayer : This Criminal Miscellaneous Petition is filed under Section 438 of BNSS to suspend the sentence imposed in the judgment dated 24.02.2026 passed in C.A.No.79 of 2023 on the file of the Principal District and Sessions Court, Dindigul confirming the order passed by the learned Judicial Magistrate No.1, Dindigul in C.C.No.363 of 2022 dated 08.06.2023 and enlarge the petitioner on bail pending disposal of the criminal revision petition. For Petitioner : Mr.J.Lawrence ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in the judgment dated 24.02.2026 passed in C.A.No.79 of 1/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13146 of 2026 2023 on the file of the Principal District and Sessions Court, Dindigul confirming the order passed by the learned Judicial Magistrate No.1, Dindigul in C.C.No.363 of 2022 dated 08.06.2023 and enlarge the petitioner on bail pending disposal of the criminal revision petition. 2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 08.06.2023 for the offence under Section 138 r/w 142 of the Negotiable Instrument Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for a period of one year and to pay a cheque amount of Rs.2,65,730/- (Rupees Two Lakhs Sixty Five Thousand Seven Hundred and Thirty only) as compensation to the respondent, in default, to undergo simple imprisonment for a period of one month, in C.C.No.363 of 2022 on the file of the learned Judicial Magistrate No.1, Dindigul. 3. The learned Principal District and Sessions Court, Dindigul, confirmed the conviction and sentence, and dismissed the C.A.No.79 of 2023, dated 24.02.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along with this Criminal Miscellaneous Petition seeking suspension of sentence. 2/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13146 of 2026 4. The 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 an amount of Rs.80,000/- (Rupees Eighty Thousand only) before the learned appellate Court. 5. This Court has carefully considered the rival contentions put forward by either side and also perused the materials available on record. 6. The 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. 7. Accordingly, this petition is allowed and the substantive sentence of imprisonment alone is suspended pending disposal of the revision with the 3/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13146 of 2026 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.1, Dindigul.; (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. 8. Notice. 06.07.2026 gbg Note : Issue order copy on 06.07.2026. To 1.The Principal District and Sessions Court, Dindigul. 2.The Judicial Magistrate No.1, Dindigul. 3.Do through the Chief Judicial Magistrate, Dindigul District. 4.The Superintendent of Prison, Central Prison, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.M.P.(MD)No.13146 of 2026 L.VICTORIA GOWRI, J., gbg Crl. MP(MD)No.13146 of 2026 in CRL RC(MD)No.1106 of 2026 06.07.2026 (2/2) 5/5 https://www.mhc.tn.gov.in/judis