Periyasamy v. Muthukrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.02.2026

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.363 of 2026 Periyasamy

...Petitioner

-vsMuthukrishnan

...Respondent

PRAYER in Crl.M.P.No.2677 of 2026: Criminal Miscellaneous Petition filed under Section 438(1) of BNSS, praying to suspend the sentence of the petitioner to undergo 1 year SI and pay a compensation of Rs.7,00,000/- i/d 1 month SI, by the learned Judicial Magistrate Fast Track Court @ Magisterial Level, Tiruchengode, by judgment dated 11.03.2025 in STC.No.58 of 2020 confirmed by the learned II Additional District and Sessions Judge, Tiruchengode by Judgment dated 27.01.2026 in Crl.A.No.45 of 2025 pending disposal of the above Criminal Revision Petition.

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PRAYER in Crl.M.P.No. 2678 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exempt the petitioner from surrendering before the Honble Judicial Magistrate Fast Track Court @ Magisterial Level, Tiruchengode in STC.No.58 of 2020.

For Petitioner :

Mr.L.Mouli COMMON ORDER The petitioner has preferred the above revision challenging the judgment passed by the learned II Additional District and Sessions Judge, Tiruchengode, in Crl.A.No.45 of 2025 dated 27.01.2026, 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 1 year SI and pay a compensation of Rs.7,00,000/- (id) 1 month SI. 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 a cheque for a sum of Rs.7,00,000/- towards discharge of liability; that when the said 2/6

cheque was presented for collection, it was 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 40% of the cheque amount to the credit of the S.T.C.No.58 of 2020 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 40% of 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 3/6

following conditions:

(i) The petitioner/accused shall deposit 40% of the cheque amount to the credit of S.T.C.No.58 of 2020 on the file of the learned Judicial Magistrate Fast Track Court @ Magisterial Level, Tiruchengode, 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 @ Magisterial Level, Tiruchengode.

(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 17.02.2026 (2/2) cda 5/6

SUNDER MOHAN, J.

cda To 1.The II Additional District and Sessions Judge, Tiruchengode. 2.The Judicial Magistrate Fast Track Court @ Magisterial Level, Tiruchengode.

in Crl.R.C.No.363 of 2026 17.02.2026 (2/2) 6/6