Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 46558 (MAD)

D.Karikalan v. S.Chinna Thambi

CRL MP(MD)/12975/2026 · 2026-07-03

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP(MD). No.12975 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL MP(MD). No.12975 of 2026 in CRL RC(MD). No.1097of 2026 D.Karikalan ... Petitioner Vs S.Chinna Thambi ... Respondent PRAYER :- To Suspend the sentence of further proceedings in CA.No.182 of 2024 dated 27.02.2026 on the file of the learned Additional District and Sessions Judge, Madurai and order dated 21.08.2024 in STC No.1065 of 2022 on the file of the learned Judicial Magistrate Court, Melur, till the disposal of the Criminal Revision Petition. For Petitioner : Mr. P.T.Ramesh Raja, Advocate. ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence of imprisonment imposed by the learned Additional District and 1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12975 of 2026 Sessions Judge, Madurai in CA.No.182 of 2024 dated 27.02.2026, confirming the conviction and sentence imposed by the learned Judicial Magistrate Court, Melur, in STC No.1065 of 2022 dated 21.08.2024 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 21.08.2024, for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for one year and to pay the compensation of Rs.7,00,000/- (Rupees Seven Lakhs only) to the defacto complainant, in default to undergo a further simple imprisonment for a period of three months, in STC No.1065 of 2022 on the file of the learned Judicial Magistrate Court, Melur. 3. The learned Additional District and Sessions Judge, Madurai confirmed the conviction, and sentence and dismissed the Criminal Appeal in CA.No.182 of 2024 dated 27.02.2026. Challenging the same, the present Criminal Revision Case has been filed before this Court along 2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12975 of 2026 with this Criminal Miscellaneous Petition seeking suspension of sentence. 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 20% of the compensation before the learned trial Court. 5. This Court has carefully considered the contentions put forward by the learned counsel for the petitioner 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 3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12975 of 2026 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 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 Court, Melur,; (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 Judicial Magistrate Court, Melur,, on all working days at 10.30 a.m., until further orders. 4/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12975 of 2026 (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.1097 of 2026. 03.07.2026 pnn To 1.Additional District and Sessions Judge, Madurai. 2. The Judicial Magistrate, Melur. 5/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12975 of 2026 L. VICTORIA GOWRI, J pnn ORDER IN CRL MP(MD). No.12975 of 2026 in CRL RC(MD). No.1097of 2026 Date : 03/07/2026 6/6 https://www.mhc.tn.gov.in/judis