JEGAJANANTHAM Vs. KASIRAJAN

JUDGEMENT

(1.) This Criminal Original Petition has been filed to set aside the return docket order dtd. 29/4/2026 in C.A.SR.No.801 of 2026 on the file of the Principal District and Sessions Court, Mayiladuthurai, and consequently, direct the learned Principal District and Sessions Judge, Mayiladuthurai, to entertain the appeal filed by the petitioner and number the same.

(2.) The petitioner, who is the accused in S.T.C.No.297 of 2025 on the file of the Judicial Magistrate Court, Sirkali, filed for the offence under Sec. 138 of the Negotiable Instruments Act, was convicted by the trial Court by judgment dtd. 10/4/2026 and sentenced to undergo one year simple imprisonment and to pay a sum of Rs.2,40,000.00 as compensation within a period of one month, in default, to undergo simple imprisonment for a period of one month.

(3.) Aggrieved over the same, the petitioner/accused preferred an Appeal in C.A.SR.No.801 of 2026 before the Principal District and Sessions Court, Mayiladuthurai, along with a petition for suspension of sentence. However, the Sessions Court, by docket order dtd. 29/4/2026, in C.A.SR.No.801 of 2026, returned the Appeal filed by the petitioner with an endorsement "Non-Bailable warrant pending against the petitioner, Appellant for the trial Court. Hence how this petition is maintainable ? Time 1 month. " Aggrieved over the same, the present Criminal Original Petition has been filed by the petitioner/accused.