C.Radhamani v. M/S. Rifa Textile Mills
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN in Crl.R.C.No.390 of 2026 CRL MP No. 2999 of 2026 C.Radhamani S/o. Chinnasamy, Proprietrix, M/s.R.M.Mills, No.51, Arun Illam, Surya Nagar, Samalapuram, Ichipatti Post, Palldam Taluk, Tiruppur - 641 663. ..Petitioner(s) Vs M/s. Rifa Textile Mills Partnership Firm, Rep.by its Partners A.K.M.Mohammed Ibrahim and M.Rathinasamy, Rep.by its Manager Cum Power of Attorney, A.Abdul Kadhar, S/o. A.Aludhin, AG Puthur Mangalam, Tiruppur - 641 607.
..Respondent(s) CRL MP No. 3000 of 2026 C.Radhamani S/o. Chinnasamy, Proprietrix, M/s.R.M.Mills, No.51, Arun Illam, Surya Nagar, Samalapuram, Ichipatti Post, Palldam Taluk, Tiruppur - 641 663. ..Petitioner(s) Vs M/s. Rifa Textile Mills Partnership Firm, Rep.by its Partners A.K.M.Mohammed Ibrahim and M.Rathinasamy, Rep.by its Manager Cum Power of Attorney, A.Abdul Kadhar, S/o. A.Aludhin, AG Puthur Mangalam, Tiruppur - 641 607.
..Respondent(s) __________Page 1 of 6
CRL MP No. 2999 of 2026 Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence imposed in the Judgment dated 01.07.2023 made in STC.No.198/2019 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur, which was confirmed in the Judgment dated 23.10.2025 made in C.A.No.207/2023 on the file of learned I Additional District and Sessions Judge, Tiruppur.
CRL MP No. 3000 of 2026 Criminal Miscellaneous Petition filed under Section 438 of BNSS, praying exempt the petitioner from surrendering before the trial court in STC.No.198/2019 on the file of Learned Judicial Magistrate, Fast Track Court, Tiruppur, so as to prefer the above Criminal Revision Petition before this Honble Court, Chellenging the Judgment dated 23.10.2025 made in C.A.No.297/2023 on the file of learned I Additional District and Sessions Judge, Tiruppur.
For Petitioner(s):
Mr.P.M.Duraiswamy COMMON ORDER The petitioner has preferred the above revision challenging the judgment passed by the learned I Additional District and Sessions Judge, Tiruppur, in Crl.A.No.207 of 2023 dated 23.10.2025, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him to undergo 6 months S.I and to pay fine of Rs.21,00,000/- within one month towards compensation, I/d. to __________Page 2 of 6
undergo further 1 month S.I. The instant petitions have been filed to suspend the sentence imposed on the petitioner and to exempt the petitioner from surrendering before the Trial Court, pending disposal of the above revision.
2. It is the case of the respondent that the petitioner had issued two cheques for Rs.11,00,000/- and Rs.10,00,000/- towards discharge of liability; that when the said cheques were presented for collection, it were returned for the reason 'Funds Insufficient'; 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 Rs.10 Lakhs towards the cheque amount to the credit of the S.T.C.No.198 of 2019 and prayed for suspension of sentence.
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 Rs.10 __________Page 3 of 6
Lakhs towards the cheque amount, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before the Trial Court, subject to the following conditions:
(i) The petitioner/accused shall deposit Rs.10 Lakhs towards the cheque amount to the credit of S.T.C.No. 198 of 2019 on the file of the learned Judicial Magistrate, Fast Track Court, Tiruppur, 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 his executing a bond 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 Court, Tiruppur. (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;
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(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 he is not able to appear before the Trial Court on any day, he 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.
(vi) On the failure of the petitioner/accused, depositing the above said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 20-02-2026 (2/2) Index: Yes/No Speaking/Non-speaking order ANU To 1.The Judicial Magistrate, Fast Track Court, Tiruppur
2. I Additional District and Sessions Judge, Tiruppur __________Page 5 of 6
SUNDER MOHAN J.
ANU in Crl.R.C.No.390 of 2026 20-02-2026 __________Page 6 of 6