A.Mohammed Farook v. M/S.Anand Kumar Surana And Sons,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.90 of 2026 A. Mohammed Farook

...Petitioner

-vsM/s. Anand Kumar Surana and Sons, HUF Kartha, A. Anand Kumar, Represented by its Power Agent, P. Vinodh Kumar Surana, S/o.K.Prakash Mal, "Sankeshwara Tower"

No.22, Ramanan Road, Sowcarpet, Chennai - 600 079.

...Respondent

PRAYER: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed on him in Crl.A.No.251 of 2025 on the file of the XV Additional Sessions Judge, City Civil Court, Chennai dated 11.12.2025 confirming the judgment in CC.No.907 of 2020 by the III Metropolitan Magistrate, George town, Chennai District dated 28.01.2025 pending and disposal of Criminal Revision Case and enlarged the petitioner on bail.

For Petitioner :

Mr.C.Raja Page No.1/6

ORDER

The petitioner has preferred the above revision challenging the judgment dated 11.12.2025 passed by the learned XV - Additional Sessions Judge, City Civil Court, Chennai, in Crl.A.No.251 of 2025 confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentencing him to undergo simple imprisonment for a period of one year, with a default sentence of simple imprisonment for three months besides directing the petitioner to pay compensation of Rs.4,29,000/-. The instant petition has been filed to suspend the sentence imposed on the petitioner.

2. It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.4,29,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating 'Refer to 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 Page No.2/6

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 40% of the cheque amount.

4. Heard the learned counsel for the petitioner and perused the materials 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 40% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions: (i) The petitioner/Accused shall deposit 40% of the cheque amount to the credit of C.C.No.907 of 2020 on the file of learned III-Metropolitan Magistrate, George Town, Chennai, 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 Page No.3/6

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 III -Metropolitan Magistrate, George Town, Chennai; (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 Page No.

petitioner/accused into custody for undergoing the sentence.

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 20.01.2026 (2/2) Mac To 1.The XV Additional Sessions Judge, City Civil Court, Chennai 2.The III-Metropolitan Magistrate Court, George Town, Chennai.

3. M/s. Anand Kumar Surana and Sons, HUF Kartha, A. Anand Kumar, Represented by its Power Agent, P. Vinodh Kumar Surana, S/o.K.Prakash Mal, "Sankeshwara Tower"

No.22, Ramanan Road, Sowcarpet, Chennai - 600 079.

Page No.5/6

SUNDER MOHAN, J.

Mac in Crl.R.C.No.90 of 2026 20.01.2026 (2/2) Page No.6/6