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Madras High CourtCRL MP/3459/2026ordered

K.Veerasamy v. R.Sasikala

2026-02-26Honourable Mr.Justice Sunder Mohan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN Crl.M.P.Nos.3459 & 3463 of 2026 Crl.R.C.No. 445 of 2026 K. Veerasamy ..Petitioner Vs.

R. Sasikala ..Respondent PRAYER in Crl.M.P.No.3459 of 2026: Criminal Miscellaneous Petition filed under Section 397(1) Cr.P.C praying to suspend the sentence imposed on the petitioner by judgment dated 09.06.2025 passed in S.T.C. No. 238 of 2020 by the learned Judicial Magistrate, Kumarapalayam, confirmed by judgment dated 16.12.2025 passed in Crl.A. No. 88 of 2025 by the learned II Additional District and Sessions Judge, Tiruchengode and enlarge the petitioner on bail pending disposal of the above criminal revision petition. PRAYER in Crl.M.P.No.3463 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exempt the petitioner from 1\6

surrendering before the Trial Court pursuant to the judgment dated 16.12.2025 passed in Crl.A. No.88 of 2025 by the learned II Additional District and Sessions Judge, Tiruchengode confirming the judgment dated 09.06.2025 passed in STC. No. 238 of 2020 by the learned Judicial Magistrate, Kumarapalayam, pending disposal of the above criminal revision petition.

For Petitioner :: Mr.M. Ganesh for Mr.N. Manoharan COMMON ORDER The petitioner has preferred the above revision challenging the judgment dated 16.12.2025 passed in Crl.A. No. 88 of 2025 by the learned II Additional District and Sessions Judge, Tiruchengode 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 2 years and to pay compensation of Rs.9,80,000/-, in default, to undergo simple imprisonment for three months. The instant petitions have been filed to suspend the sentence imposed on the petitioner and to exempt the petitioner from surrendering before the Trial 2\6

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. 9,80,000/- towards discharge of liability; that when the said 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 judgments 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.

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 50% of the cheque amount, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before 3\6

the Trial Court, pending disposal of the revision, 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 STC No. 238 of 2020 on the file of learned Judicial Magistrate, Kumarapalayam, 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 for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a likesum to the satisfaction of the Trial Court.

(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 4\6

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 a 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 that 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.

26.02.2026 nv 2/2 5\6

SUNDER MOHAN,J.

nv To

1. The II Addl. District and Sessions Judge, Tiruchengode.

2. The Judicial Magistrate, Kumarapalayam.

Crl.M.P. Nos.3459 & 3463 of 2026 26.02.2026 6\6