CRL MP No. 8279 of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-07-2026 CORAM THE HON'BLE MR.JUSTICE SHAMIM AHMED CRL MP No. 8279 of 2026 IN CRL RC NO. 1024 OF 2026 Devarajan S/o.N.R.Mohanasundaram ..Petitioner(s) Vs M.Palanivelu S/o.N.Munusamy ..Respondent(s) Prayer: To suspend the sentence of imprisonment in CC.No.96 of 2018 dated 03.07.2023 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level) Alandur, and the judgment dated 16.12.2025 confirming the conviction and sentence by the learned Principal District and Sessions Judge, Chengalpattu in Criminal Appeal No.81 of 2023. For Petitioner: Mr.L.Prakash For Respondent: Mr.L.Pachaiyappan ORDER This Criminal Miscellaneous Petition has been filed by the Revision Petitioner, praying to suspend the sentence of imprisonment in CC.No.96 of 2018 dated 03.07.2023 passed by the learned Judicial Magistrate, Fast Track Court (Magisterial Level) Alandur, and the judgment dated 16.12.2025 confirming the conviction and sentence by the learned Principal District and https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page2 of 8 Sessions Judge, Chengalpattu in Criminal Appeal No.81 of 2023. 2.By the impugned judgement of conviction and sentence and order of the Trial Court, the Revision Petitioner was convicted for offences under Section 138 of Negotiable Instruments Act and to undergo simple imprisonment for a period of three months and to pay the compensation of Rs.4,50,000/- to the complainant within one month, in default, to undergo two months Simple Imprisonment. 3.Challenging the above said judgement of conviction and sentence and order, the Revision Petitioner has filed the above Criminal Revision, along with the instant Criminal Miscellaneous Petition, seeking suspension of sentence and bail pending disposal of the Criminal Revision. 4.This Court heard Mr.L.Prakash appearing for the learned counsel for the Revision Petitioner and Mr.L.Pachaiyappan, learned counsel appearing for the Respondent and considered their submissions and also perused materials placed before this Court. 5. The learned counsel for the Revision Petitioner has submitted that on 30.12.2013 and 07.05.2015 respectively, the petitioner has borrowed a sum of Rs.3,50,000/- from the respondent for settling the debt towards house purchased https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page3 of 8 with land at Pakkam Village, Tiruvallur. The petitioner is alleged to have issued cheque bearing No.000005 in favour of the respondent and towards discharging liability in respect of an agreement dated 07.11.2017 entered into between them. When the same was presented before the Bank for encashment, it was returned with an endorsement ‘Fund Insufficient’. After issuance of statutory notice, since the petitioner has not repaid the cheque amount, a complaint was filed before the trial Court against the revision petitioner under section 138 of the Negotiable Instruments Act. The Appellate Court ought to have acquitted the petitioner on the ground that the complainant has not proved his case beyond reasonable doubt that there is a legally enforceable debt involved in this case. Both the Courts below failed to appreciate that the entire alleged transaction is between the respondent and the petitioner’s wife and the petitioner is not a borrower nor a signatory to Ex.P1 or Ex.P2. The respondent has failed to prove his financial capacity to lend the amount to the petitioner. Therefore, the judgment rendered by both the Courts below are liable to be set aside. It was further argued that the judgment passed by both the Courts below was based on surmises and conjectures without considering the entire evidence on record. 6.It is further argued that due to pendency of the criminal cases before this High Court, there is a blinking chance that in the near future, this Criminal Revision Case will be finally heard and decided. It is further submitted that https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page4 of 8 there are arguable points in this Criminal Revision Case and the Revision Petitioner has a fair chance of success in this Criminal Revision Case. Thus, the learned counsel for the Revision Petitioner prayed for suspension of sentence and bail, till the disposal of this Criminal Revision Petition. 7.Several other submissions in order to demonstrate the falsity of the allegations made against the Revision Petitioner have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the Revision Petitioner that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court, whenever required and is also ready to accept all the conditions, which the Court may deem fit to impose upon him. The Revision Petitioner undertake that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in disposal of Revision. 8.The learned counsel for the respondent has opposed the argument advanced by the learned counsel for the Revision Petitioner and submits that the judgements passed by the Courts below are as per the law after considering the entire evidences and thus, the relief sought by the Revision Petitioner at this stage, be refused by this Court. https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page5 of 8 9.Considering the arguments advanced by the learned counsel for the Revision Petitioner as well as the learned counsel for the Respondent, this Court is of the view that the Trial Court has failed to appreciate the evidence on record and the judgment was passed without considering the entire materials placed before it and during the Trial the Revision Petitioner was also on bail. 10.Further, it is observed that when the accused had been under incarceration for sometime and when there are points in the Revision, which favour the accused, then the Courts should not shy from granting suspension of sentence, as the liberty of the individual would be at stake, if the revision results in acquittal at a later point of time. In this regard, the decision of the Hon'ble Supreme Court of India, in the case of Rabi Prakash Vs. The State of Odhisha reported in 2023 Live Law (SC) 533 is of relevance. 11.The Revision Petitioner has raised substantial grounds in the Revision, which require detailed appraisal. Further, the Revision is not likely to be taken up in the near future. In such view of the matter, this Court is of the view that the Revision Petitioner is entitled to the relief of suspension of sentence and bail. 12.Accordingly, pending the Criminal Revision Case, the relief of suspension of sentence and bail is granted to Revision Petitioner, namely, https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page6 of 8 Devarajan, S/o.N.R.Mohanasundaram, on the following conditions:- ‘’(i) The Revision Petitioner shall surrender before the learned Judicial Magistrate, Fast Track Court (Magisterial Level)Alandur within three weeks from the date of receipt of a copy of this order and on such surrender, the Revision Petitioner is ordered to be released on bail, on his executing a personal bond, along with two sureties for a sum of Rs.15,000/- (Rupees fifteen thousand only), subject to furnishing an undertaking that he will co- operate in the hearing of the present Revision. (ii) The Revision Petitioner and sureties shall affix their Photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity. (iii) The Petitioner shall appear before the learned JJudicial Magistrate, Fast Track Court (Magisterial Level)Alandur, once in every month, i.e., on 5th day of every month commencing from the month of August 2026 at 10.30 a.m., until further orders. (iv) On acceptance of his bail bond and sureties, the Trial Court shall transmit photostat copies thereof to this Court for being kept on records of this Revision. https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page7 of 8 (v) The realization of the fine amount, if any, shall also remain suspended during the pendency of the present Revision.’’ 13. With the above directions, this Criminal Miscellaneous Petition is ordered. 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rli To 1. The Judicial Magistrate, Fast Track Court (Magisterial Level)Alandur 2. The Principal district and Sessions Judge, Chengalpattu https://www.mhc.tn.gov.in/judis CRL MP No. 8279 of 2026 __________ Page8 of 8 SHAMIM AHMED, J. rli CRL MP No.8279 of 2026 IN CRL RC NO. 1024 OF 2026 21.07-2026 https://www.mhc.tn.gov.in/judis