G.Sekar v. P.Bharath

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN CRL MP No. 2512 of 2026 and CRL RC No. 336 of 2026 G.Sekar

...Petitioner(s)

Vs P.Bharath

...Respondent(s)

PRAYER: Criminal Miscellaneous Petition filed under Section 430 (3) of BNSS Act, 2023, to suspend the sentence imposed on the petitioner in S.T.C.No.45 of 2023 by the learned Judicial Magistrate, Tiruttani, vide judgment dated 01.04.2024, which was confirmed by the learned Additional District and Sessions Judge, Tiruvallur, by judgment dated 12.11.2025 made in Criminal Appeal No.132 of 2024, and enlarge the petitioner on bail pending disposal of the above Criminal Revision Case. For Petitioner(s):

Mr.P.Chandrasekar

ORDER

The petitioner has preferred the above revision challenging the judgment dated 12.11.2025 passed by the learned I-Additional Sessions Judge, Tiruvallur, in Crl.A.No.132 of 2024 confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881, and sentencing him to undergo simple imprisonment for a period of ten months, with a default sentence of simple imprisonment for two months besides directing the petitioner to pay compensation of Rs.1,00,000/-. Page No.1/5

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.1,00,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating 'Account closed'; 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 50% of the cheque amount and the petitioner is in custody from 07.02.2026; and that therefore, the sentence imposed on the petitioner may be suspended.

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 Page No.2/5

petitioner that there are substantial grounds raised in the above revision which require consideration, and the fact that the petitioner is willing to deposit 50% of the cheque amount and the petitioner is in custody from 07.02.2026, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions:

(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit 50% of the cheque amount to the credit of S.T.C.No.45 of 2023 on the file of the learned Judicial Magistrate, Tiruttani;

(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, Tiruttani; (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; Page No.3/5

(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;

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 13-02-2026 Mac Index:Yes/No Speaking/Non-speaking order Internet:Yes Note: Issue order copy on 16.02.2026.

To

1. The I-Additional District and Sessions Court, Tiruvallur

2. The Judicial Magistrate, Tiruttani.

3. The Superintendent of Prison, Central Prison-I, Puzhal Page No.4/5

SUNDER MOHAN, J.

Mac CRL MP No. 2512 of 2026 and CRL RC No. 336 of 2026 13-02-2026 Page No.5/5