T. Mohanraj v. V. Rajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-02-2026
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN in Crl.R.C.No.321 of 2026 T. Mohanraj ... Petitioner(s) Vs V. Rajan
...Respondent(s)
PRAYER in CRL MP No. 2384 of 2026 : Criminal Miscellaneous Petition filed under Section 438(1) of BNSS, 2023, to suspend the sentence imposed on the petitioner in C.A.No.77 of 2024 dated 27.06.2025 passed by the learned Principal District and Sessions Judge, Coimbatore as confirming the Judgment of the learned Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore in C.C.No.474 of 2015 dated 11.10.2018 and enlarge the petitioner on bail pending disposal of the above criminal revision petition. PRAYER in CRL MP No. 2386 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, to exempt from his surrender in C.A.No.77 of 2024 dated 27.06.2025 passed by the learned Principal District and Sessions Judge, Coimbatore as confirming the Judgment of the learned Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore in CC.No.474 of 2025 dated 11.10.2018.
For Petitioner(s):
Mr.S.N. Arun Kumar
ORDER
The petitioner has preferred the above revision challenging the judgment dated 27.06.2025 passed by the learned Principal District and Sessions Judge, Coimbatore in Crl.A.No.77 of 2024 confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Page No.1/6
Negotiable Instruments Act, and sentencing him to undergo simple imprisonment for a period of six months, with a default sentence of simple imprisonment for two months besides directing the petitioner to pay compensation of Rs.10,00,000/-. The instant petitions have been filed to suspend the sentence imposed on the petitioner and also to exempt him from surrendering before the trial Court, pending disposal of the Criminal Revision Case.
2. It is the case of the respondent that the petitioner had issued two cheques each for a sum of Rs.5,00,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating 'Kindly Contact Drawer'; that in spite of the statutory notice, the petitioner did not make the payment; and hence liable for the said offence.
3. The learned counsel for the petitioner would submit that the petitioner has raised substantial grounds in the above revision; that the petitioner has rebutted the statutory presumption; that the judgment of the Courts below are liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit a sum of Rs.6,00,000/- towards the cheque amount.
4. Heard the learned counsel for the petitioner and perused the materials Page No.2/6
available on record.
5. Having regard to the submission made by the learned counsel for the petitioner that there are substantial grounds raised in the above revision which require consideration, and the fact that the petitioner is willing to deposit a sum of Rs.6,00,000/- towards the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner and exempted him from surrendering before the trial Court, subject to the following conditions: (i) The petitioner/Accused shall deposit a sum of Rs.6,00,000/- [Rupees Six Lakhs Only] towards the cheque amount to the credit of C.C.No.474 of 2015 on the file of learned Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore, within a period of four weeks from the date of receipt of a copy of this order;
(ii) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case;
(iii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on him executing 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 Page No.3/6
Court-I at Magisterial Level, Coimbatore;
(iv) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (v) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until the disposal of the revision and if she is not able to appear before the Trial Court on any day, she shall make arrangements to file an application under Section 317 Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court; and (vi) On the failure of the petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
6. Accordingly, this Criminal Miscellaneous Petition is ordered. 13-02-2026 (2/2) Mac Index:Yes/No Speaking/Non-speaking order Internet:Yes Page No.4/6
SUNDER MOHAN J.
Mac To
1. The Principal District and Sessions Court, Coimbatore
2. The Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore Page No.5/6
Crl.MP Nos. 2384 and 2386 of 2026 in Crl RC No. 321 of 2026 13-02-2026 (2/2) Page No.6/6