[Cites 2, Cited by 0]
Madras High Court
N.Samyukthadevi vs L.Amudha on 22 May, 2026
CRL MP No. 8273 of 2026
in Crl.R.C.No.840 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-05-2026
CORAM
THE HON'BLE MR.JUSTICE R.SAKTHIVEL
CRL MP No. 8273 of 2026
in
Crl.R.C.No.840 of 2026
N.Samyukthadevi
D/o.Nanthagopal,
Door No.103, 3rd Block,
Suraya’s PR Apartment, Ganapthi,
Coimbatore.
..Petitioner/Accused
Vs
L.Amudha
W/o.K.Lakshmanan,
No.16/2, Nakshathra Nagar,
West Garden, Vivekananda Road,
Subbanaickenpudur, Ganapathy,
Coimbatore - 641 006.
..Respondent/Complainant
Prayer: Criminal Miscellaneous Petition filed under Section 438(1) of B.N.S.S.,
2023, to suspend the sentence and release on bail to the petitioner in
S.T.C.No.91 of 2022 dated 30.09.2024 on the file of Judicial Magistrate, Fast
Court at Magistrate Level-II, Coimbatore confirmed in C.A.No.356 of 2024
order dated 07.10.2025 on the file of IV Additional District Judge at
Coimbatore.
For Petitioners: Mr.G.Kartheeban
For Respondent(s): No appearance
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CRL MP No. 8273 of 2026
in Crl.R.C.No.840 of 2026
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner,
seeking to suspend the sentence of imprisonment imposed on the petitioner in
judgment dated 07.10.2025 passed in Crl.A.No.356 of 2024 on the file of IV
Additional District Court, Coimbatore, confirming the order dated 30.09.2024
passed in S.T.C.No.91 of 2022 on the file of Judicial Magistrate, Fast Track
Court at Magistrate Level-II, Coimbatore and enlarge the petitioner on bail
pending disposal of the above Criminal Revision Petition.
2.The petitioner was convicted by the trial Court in S.T.C.No.91 of 2022
by judgment dated 30.09.2024 for offence under Section 138 of the Negotiable
Instruments Act and sentenced to undergo three months simple imprisonment
and to pay the cheque amount of Rs.3,50,000/- as compensation to the
respondent/complainant, in default, to undergo one month simple imprisonment.
Aggrieved against the conviction, the petitioner preferred an appeal in
Crl.A.No.356 of 2024 before the learned IV Additional District Judge,
Coimbatore. The learned IV Additional District Judge, by judgment dated
07.10.2025, dismissed the appeal confirming the conviction and sentence passed
by the trial Court, against which, the petitioner preferred a revision before this
Court in Crl.R.C.No.840 of 2026 along with miscellaneous petition seeking
suspension of sentence and bail.
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3. Despite notice served, no one appeared on behalf of the respondent.
4. Heard the learned counsel appearing for the petitioner.
5. The learned counsel for the petitioner submits that the petitioner is
ready and willing to deposit 50% of the cheque amount, i.e. Rs.1,75,000/-
(Rupees One Lakh Seventy Five thousand only) within a period of one month
from today.
6. In view of the specific undertaking given by the petitioner that she is
ready to deposit 50% of the cheque amount of Rs.1,75,000/- before the trial
Court within a period of one month and since the petitioner being a woman,
confined in Central Prison, Coimbatore, the offence being a bailable offence
and it is merely on technicality of dishonour of cheque, this Court is inclined to
grant bail to the petitioner in connection with the case in S.T.C.No.91 of 2022.
7.Accordingly, the substantial sentence of imprisonment imposed on the
petitioner is suspended till the disposal of the revision and bail is granted with
the following conditions:
(i) The petitioner shall execute a bond for a sum of
Rs.10,000/- with two sureties, each for a likesum to the
satisfaction of the learned Judicial Magistrate, Fast Track Court
No.II @ Magisterial Level, Coimbatore.
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(ii) After coming out of the prison, the petitioner shall
deposit 50% of the cheque amount, i.e, Rs.1,75,000/- (Rupees One
Lakh Seventy Five thousand only) to the credit of S.T.C.No.91 of
2022 on the file of Judicial Magistrate, Fast Track Court No.II @
Magisterial Level, Coimbatore, on or before 22.06.2026.
(iii) The petitioner shall appear before the IV Additional
District Judge, Coimbatore, on the first working day of every
English Calendar month at 10.30 a.m., until the disposal of the
revision and if she is not able to appear before the Court on that
day, she shall make arrangements to file an application under
Section 317 Cr.P.C. (Section 355 of BNSS) and shall appear
before the Court on any other day in lieu of the date of her absence
as directed by the Court.
8.Accordingly, this Criminal Miscellaneous Petition is ordered.
22-05-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
rsi/dh
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Note:
1.Registry is directed to forthwith upload
this order in the official website of this
Court.
2.All concerned to act on this order being
uploaded in official website of this Court
without insisting on certified hard copies.
To be noted, this order when uploaded in
official website of this Court will be
watermarked and will also have a QR code.
To
1.The IV Additional District Judge,
Coimbatore.
2.The Judicial Magistrate,
Fast Track Court No.II @ Magisterial Level,
Coimbatore.
3.The Superintendent of Prison,
Central Prison (Women),
Coimbatore.
4.The Public Prosecutor,
High Court, Madras.
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R.SAKTHIVEL, J.
RSI
in
22-05-2026
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