S.Asath Niyas vs Kalaiselvan
2026 Latest Caselaw 2711 Mad

Citation : 2026 Latest Caselaw 2711 Mad
Judgement Date : 21 May, 2026

[Cites 2, Cited by 0]

Madras High Court

S.Asath Niyas vs Kalaiselvan on 21 May, 2026

Author: R. Vijayakumar

Bench: R.Vijayakumar

                                                           CRL MP(MD) Nos.9905 & 9906 of 2026


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                           DATED: 21-05-2026
                                                CORAM
                              THE HONOURABLE MR JUSTICE R.VIJAYAKUMAR

                                    CRL MP(MD) Nos.9905 & 9906 of 2026
                                                  IN
                                       CRL RC(MD) No.847 of 2026

            S.Asath Niyas
                                                                                       Petitioner(s)
                                                                                   in both petitions
                                                      Vs

            Kalaiselvan
                                                                                    Respondent(s)
                                                                                   in both petitions
            For Petitioner(s):
                                  Mr.M.Jegadeesh Pandian

            Prayer for Crl.M.P(MD)No.9905/2026:
                       To suspend the sentence imposed as against the petitioner passed in STC.No.
            1404/2022 on the of the learned Fast Track Judicial Magistrate Court, Srivilliputhur,
            Virudhunagar District dated 30.10.2023 and the same was upheld by the Additional
            District and Sessions Judge, Srivilliputhur, Virudhunagar District in Crl.A.No.8 of 2024
            dated 29.04.2026, pending disposal of the above Criminal Revision Case.

            Prayer for Crl.M.P(MD)No.9906/2026:
                      To grant exemption from surrender to the petitioner/appellant/accused as
            against the judgment passed in STC.No.1404/2022 on the of the learned Fast Track
            Judicial Magistrate Court, Srivilliputhur, Virudhunagar District dated 30.10.2023 and
            the same was upheld by the Additional District and Sessions Judge, Srivilliputhur,
            Virudhunagar District in Crl.A.No.8 of 2024 dated 29.04.2026, pending disposal of the
            above Criminal Revision Case.



            1/6




https://www.mhc.tn.gov.in/judis
                                                               CRL MP(MD) Nos.9905 & 9906 of 2026

                                                  COMMON ORDER

Heard Mr.M.Jegadeesh Pandian, learned Counsel for the petitioner and

perused the materials available on record.

2. Criminal Miscellaneous Petitions have been filed praying to suspend the

sentence imposed upon petitioner by Fast Track Judicial Magistrate Court,

Srivilliputhur, Virudhunagar District in S.T.C.No.1404 of 2022 dated 30.10.2023, which

was confirmed by Additional District and Sessions Judge, Srivilliputhur, Virudhunagar

District in Crl.A.No.8 of 2024, dated 29.04.2026 and to exempt the petitioner from

surrendering before the Court below.

3. Learned counsel for petitioner would submit that petitioner was convicted

by Fast Track Judicial Magistrate Court, Srivilliputhur, Virudhunagar District for

offence under Section 138 of the Negotiable Instruments Act in S.T.C.No.1404 of 2022

dated 30.10.2023 and sentenced to undergo one year Simple Imprisonment and to pay

fine of Rs.5,000/- in default to undergo two months Simple Imprisonment. Aggrieved,

petitioner filed criminal appeal in Crl.A.No.8 of 2024 before Additional District and

Sessions Judge, Srivilliputhur, Virudhunagar District and the lower Appellate Court by

judgment dated 29.04.2026 dismissed the appeal confirming the conviction and sentence

https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos.9905 & 9906 of 2026

passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.847 of 2026

before this Court along with the instant miscellaneous petitions seeking suspension of

sentence, bail and exemption from surrender.

4. Learned Counsel for petitioner would further submit that petitioner has

raised substantial grounds in the above revision, which requires consideration; and that

to show his bonafides, petitioner is willing to deposit Rs.1,50,000/-, before the trial

Court. Hence, he prayed for granting suspension of sentence to the petitioner.

5. Considering the fact that there are arguable points raised in revision and

taking into consideration of facts and circumstances of the case, this Court is inclined to

grant suspension of sentence and exempt the petitioner from surrendering before the trial

court, on the following conditions, till the disposal of the above Criminal Revision:

i) Petitioner is directed to deposit Rs.1,50,000/- to the credit of S.T.C.No.1404

of 2022 dated 30.10.2023 on the file of Fast Track Judicial Magistrate Court,

Srivilliputhur, Virudhunagar District, on or before 08.06.2026, failing which the

sentence suspended shall stand automatically vacated and respondent is at liberty to

execute the sentence imposed by the trial Court against the petitioner in the manner

known to law;

https://www.mhc.tn.gov.in/judis CRL MP(MD) Nos.9905 & 9906 of 2026

(ii) Any amount already paid shall be deducted while reckoning the said

deposit amount as directed in clause (i);

(iii) On such deposit, petitioner is directed to be enlarged on bail on his

executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two

sureties each for a like sum to the satisfaction of Fast Track Judicial Magistrate Court,

Srivilliputhur, Virudhunagar District ;

iv) 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;

v) Petitioner shall appear and sign before Fast Track Judicial Magistrate

Court, Srivilliputhur, Virudhunagar District, on the first working day of every month at