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2026 Supreme(Online)(Mad) 48357

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Shamim Ahmed, J
J. Karunakaran – Appellant
Versus
K.V. Suresh – Respondent
CRL RC No. 1088 of 2026



Advocates:
For the Appellants/Petitioners: S.Thamizharasi
For the Respondents: S.Magesh Kumar

A criminal revision petition against an interlocutory order becomes infructuous once the trial court delivers a final judgement of conviction and sentence in the main proceedings.

Headnote:The petitioner sought to set aside an order passed by the trial court in a criminal miscellaneous petition. During the pendency of the revision, the trial court delivered a final judgement of conviction and sentence regarding the underlying criminal offence. The court noted that the conviction rendered the current revision petition infructuous. The central issue was whether the revision petition against an interlocutory order survives after the trial court has already rendered a final judgement of conviction. The court held that once a final verdict has been passed in the main trial, the interlocutory challenge becomes moot and does not require further adjudication. The criminal revision case was dismissed as infructuous, with liberty granted to the petitioner to challenge the final judgement of conviction in an appropriate legal proceeding.

Table of Content
1. conclusion of main proceedings renders pending interlocutory revision infructuous. (Para 1 , 2 , 3 , 4 , 5 , 6)

Prayer: To call for the records in the order dated 05-05-2026 in C.M.P. No.737 of 2026 passed by the Learned Additional District Munsif Cum Judicial Magistrate at Ambur and set aside the same and pass such further or other orders that may deem fit and proper and thus render justice.

ORDER

1. This Criminal Revision Case is filed to call for the records relating to the order, 05.05.2026 passed in CMP.No.737 of 2026, by the Additional District Munsif Cum Judicial Magistrate, Ambur and to set aside the same.

2. This Court heard Ms.S.Thamizharasi, the learned counsel for the Revision Petitioner and Mr.S.Magesh Kumar, the learned counsel for the Respondent.

3. The learned counsel for the Respondent has submitted that the Trial Court

had already passed a final judgement of conviction and sentence, dated 13.05.2026, convicting and sentencing the Revision Petitioner for the offence under Section 138 of the Negotiable Instruments Act to undergo Simple Imprisonment for six months and to pay the cheque amount of Rs.3,75,000/- to the Respondent within one month, in default to undergo Simple Imprisonment for three months and hence, no cause of action survives in the present case and the present case has become infructuous.

4. The learned counsel for the Revision Petitioner has also perused the judgement of conviction and sentence, dated 13.05.2026, of the Trial Court and submits that no cause of action survives in this Criminal Revision Case and this Criminal Revision Case has become infructuous and hence, the same may be dismissed, as infructuous.

5. After considering the arguments of the learned counsel for the parties and after perusing the judgement of conviction and sentence, dated 13.05.2026, of the Trial Court and as the Revision Petitioner had already been convicted and sentenced by the Trial Court, no further order is required to be passed in this Criminal Revision Case, as the same has become infructuous.

Accordingly, this Criminal Revision Case is dismissed, as infructuous.

6. However, the Revision Petitioner is at liberty to challenge the judgement of conviction and sentence, dated 13.05.2026, of the Trial Court, before the competent court of law, if he is so advised.

09-06-2026

Index: Yes/No Speaking/Non-speaking order

Neutral Citation: Yes/No

SRCM

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