CRL MP(MD). No.12447 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL MP(MD). No.12447 of 2026 in CRL RC(MD). No.1043 of 2026 Dinakar ... Petitioner Vs 1. Alex Anil Kumar 2. The State of Tamilnadu, Rep., By the Public Prosecutor, Nagercoil, Kanniyakumari District. ... Respondents PRAYER :- To suspend the sentence and grant bail to the petitioner against the conviction and sentence made in S.T.C.No. 669/2018, dated 29.01.2019, passed by the Learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Nagercoil, Kanyakumari. For Petitioner : Mr. C. Kishore, Advocate. For Respondent : Mr.C.Susikumar - for R2 Government Advocate (Crl.Side) 1/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12447 of 2026 ORDER This Criminal Miscellaneous Petition has been filed to suspend the sentence imposed in S.T.C.No. 669/2018, dated 29.01.2019 passed by the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Nagercoil, Kanyakumari, confirmed in Crl.A.No.31 of 2019 dated 22.08.2025 on the file of the learned Judge, Fast Track Mahila Court, Nagercoil pending disposal of this criminal revision petition. 2. The learned counsel appearing for the petitioner submitted that the petitioner has been convicted by the trial Court on 29.01.2019 for the offence under Section 138 of the Negotiable Instruments Act, 1881, and the trial Court sentenced him to undergo simple imprisonment for six months and to pay the compensation of Rs.5,00,000/- (Rupees Five Lakhs only) to the defacto complainant within a period of two months from the date of the judgment in default, to undergo a further simple imprisonment for a period of one month, in S.T.C.No.669/2018 on the file of the learned Judicial Magistrate, Fast Track Court, (Magisterial Level) Nagercoil, Kanyakumari. 2/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12447 of 2026 3. The learned Judge, Fast Track Mahila Court, Nagercoil, confirmed the conviction and sentence, and dismissed Crl.A.No.30 of 2019 dated 22.08.2025. Challenging the same, the present Criminal Revision Case has been filed before this Court along 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 rival contentions put forward by either side and also perused the materials available on record. 3/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12447 of 2026 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 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, Fast Track Court, (Magisterial Level) Nagercoil, Kanyakumari; 4/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12447 of 2026 (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. (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.1043 of 2026. 27.07.2026 pnn To 1. The Judicial Magistrate, Fast Track Court, (Magisterial Level) Nagercoil, Kanyakumari. 2. The Judge, Fast Track Mahila Court, Nagercoil. 3.The Public Prosecutor, Nagercoil, Kanniyakumari District. 5/6 https://www.mhc.tn.gov.in/judis CRL MP(MD). No.12447 of 2026 L. VICTORIA GOWRI, J pnn ORDER IN CRL MP(MD). No.12447 of 2026 in CRL RC(MD). No.1043 of 2026 Date : 27/07/2026 6/6 https://www.mhc.tn.gov.in/judis