N.S.Malathi v. R.Tamilselvi
Case brief
What is this about?
Exemption from surrender before trial court; Section 528 BNSS 2023; Section 138 Negotiable Instruments Act; conviction and sentence confirmed in appeal; one year simple imprisonment; compensation Rs.6,00,000/-; no prima facie case for exemption; S.T.C.No.1370 of 2017 Judicial Magistrate I Gobichettipalayam; Crl.A.No.230 of 2023 III Additional District and Sessions Judge Gobichettipalayam; Crl.R.C.No.601 of 2025; Crl.M.P.No.9975 of 2025; Madras High Court; Gobichettipalayam; dismissal of miscellaneous petition.
What did the court decide?
Having filed the petition without surrendering before the Trial Court despite conviction under Section 138 of the Negotiable Instruments Act at the trial stage and confirmation of the sentence by the Appellate Court, the petitioner failed to make out a prima facie case for granting exemption from surrender; the Court was not inclined to entertain the petition seeking exemption from surrender before the lower court.