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S.Kanagaraj v. K.Annadurai

Madras HC16 Oct 2025CRL MP(MD)/14749/2025

Case brief

AI extract

What is this about?

Madras High Court, Madurai Bench (Shamim Ahmed, J.), order dated 16.10.2025 in CRL.M.P.(MD)No.14749 of 2025 in CRL.R.C.(MD)No.1292 of 2025: petition under Section 528 of BNSS, 2023 to advance hearing of the suspension-of-sentence application allowed, the petitioner having deposited 50% of the Rs.3,00,000/- compensation (Rs.1,50,000/-) on 07.10.2025 in a Section 138 Negotiable Instruments Act conviction confirmed in appeal; Criminal Revision Petition listed on 17.10.2025 for suspension of sentence and bail.

What did the court decide?

Hearing of the application for suspension of sentence in Crl.M.P(MD)No.13459 of 2025 in Crl.R.C.(MD)No.1292 of 2025 advanced; Criminal Revision Petition to be listed on 17.10.2025 before the appropriate bench for consideration of suspension of sentence and grant of bail. ¶35

S.Kanagaraj Vs K.Annadurai — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the hearing of the petition in Crl.M.P(MD)No.13459 of 2025 (application for suspension of sentence) in Crl.R.C.(MD)No.1292 of 2025 should be advanced to an early date, the petitioner being in jail.

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Court's answer

After considering the arguments advanced by learned counsel for the petitioner and the fact that the petitioner had deposited 50% of the compensation amount as directed by this Court's order dated 26.09.2025, the Criminal Miscellaneous Petition seeking advancement of hearing was allowed.

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Ratio / Principle

The Criminal Revision Petition was directed to be listed on 17.10.2025 before the appropriate bench for consideration of the application for suspension of sentence and for grant of bail to the petitioner.

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Detailed headnote1 paragraphs

Criminal Miscellaneous Petition under Section 528 of BNSS, 2023 seeking advancement of the hearing of the application for suspension of sentence in Crl.M.P(MD)No.13459 of 2025 in Crl.R.C.(MD)No.1292 of 2025 — allowed. The pending revision challenges the judgment dated 25.06.2025 in CA.No.7 of 2021 (Principal District and Sessions Court, Virudhunagar at Srivillilputhur) confirming the petitioner's conviction under Section 138 of the Negotiable Instruments Act in STC.No.657 of 2021 (one year simple imprisonment and Rs.3,00,000/- compensation, two months simple imprisonment in default). By order dated 26.09.2025 the petitioner had been granted three weeks to deposit 50% of the compensation (Rs.1,50,000/-); having deposited the same before the Judicial Magistrate, Sivakasi on 07.10.2025, and the matter being urgent as the petitioner is in jail, the Court allowed the petition and listed the revision on 17.10.2025 before the appropriate bench for consideration of the suspension-of-sentence application and grant of bail.

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CRL.M.P.(MD)No.14749 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 16.10.2025

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THE HONOURABLE MR.JUSTICE SHAMIM AHMED

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CRL.M.P.(MD)No.14749 of 2025 in CRL.R.C.(MD)No.1292 of 2025

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S.Kanagaraj, S/o.Subramaniyan, 4/1190, Samypuram Colony, Palapatti Panchayat, Sivakasi East, Virudhunagar District. ... Petitioner

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vs.

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K.Annadurai, S/o.Karuppaiah, 1/202/6AL/K1/AD/1, Amman Nagar, Housing Board, Sivakasi, Virudhunagar District. ... Respondent

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PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to advance the hearing of the petition in Crl.M.P(MD)No. 13459 of 2025 in Crl.R.C.(MD)No.1292 of 2025.

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https://www.mhc.tn.gov.in/judis

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CRL.M.P.(MD)No.14749 of 2025

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O R D E R

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The Criminal Miscellaneous Petition has been filed with the following prayer:

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“to advance the hearing of the petition in Crl.M.P(MD)No.13459 of 2025 in Crl.R.C.(MD)No.1292 of 2025.”

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2.Heard Mr.S.Selvakumar, learned Counsel for the petitioner.

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3.This Court, vide order, dated 26.09.2025, had passed the

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following order:

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“This Criminal Revision Petition has been filed to call for records relating to the judgement dated 25.06.2025 made in CA.No.7 of 2021 by the Principal District and Sessions Court, Virudhunagar at Srivillilputhur, confirming the conviction made in the judgement dated 14.12.2022 in STC.No.657 of 2021, by the Judicial Magistrate No.1, Sivakasi and to set aside the same.

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2.Heard Mr.S.Selvakumar, learned counsel for the Petitioner.

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3.The petitioner was convicted and sentenced for the offence under Section 138 of the Negotiable Instruments Act to undergo one year simple imprisonment and to pay a compensation of Rs.3,00,000/-, in default to undergo two months simple imprisonment, by the Trial Court and the judgement of conviction and sentence of the Trial Court was confirmed by the lower Appellate Court. As against the same, the above criminal revision case has been filed.

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4.The learned counsel for the petitioner prays for some time to deposit 50% of the compensation amount, i.e. Rs.

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https://www.mhc.tn.gov.in/judis

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CRL.M.P.(MD)No.14749 of 2025

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1,50,000/- before the Trial Court.

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5.Accordingly, as prayed for the learned counsel for the Petitioner, three weeks from today is granted to the Petitioner to deposit a sum of Rs.1,50,000/- being 50% of the compensation amount as ordered by the courts below, before the Trial Court.

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6.List this case on 29.10.2025 for admission and for consideration of the application for suspension of sentence and for grant of bail to the petitioner, before appropriate bench.”

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4.Today, when the matter is being taken up, Mr.S.Selvakumar, learned Counsel for the petitioner submits that in compliance of the order passed by this Court, dated 26.09.2025, the petitioner has deposited 50% of the compensation amount, ie., Rs.1,50,000/- before the Judicial Magistrate No., Sivakasi, on 07.10.2025. A copy of this deposit receipt has also been filed before this Court along with the present application, which is taken on record. The learned Counsel for the petitioner further submits that the matter is very urgent, as the petitioner is in jail and thus, he prays that the application for suspension of sentence may be heard by this Court by fixing an early date.

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5.Accordingly, after considering arguments, as advanced by the learned Counsel for the petitioner and also considering the fact that the petitioner has deposited 50% of the compensation amount, as directed by

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https://www.mhc.tn.gov.in/judis

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CRL.M.P.(MD)No.14749 of 2025

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this Court, dated 26.09.2025, this Criminal Miscellaneous Petition is

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allowed.

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List the Criminal Revision Petition case on 17.10.2025 for consideration of the application for suspension of sentence and for grant of bail to the petitioner, before appropriate bench.

16.10.2025

nsr

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https://www.mhc.tn.gov.in/judis

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CRL.M.P.(MD)No.14749 of 2025

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SHAMIM AHMED, J.