S.S.Sheik Ajmul v. Shankars Farm

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-02-2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN S.S.Sheik Ajmul S/o.MR.S.M.Sibakathullah, Flat S-1, Second Floor, Plot No.21, Sunita Nagar 1st street, poonamallee, chennai - 600 056.

...Petitioner(s)

Vs.

Shankar's Farm Prop. MR.N.Ravishankar, Power of Attorney, Mr.A.S.Dhananjayam, Triway Forwarders Pvt Ltd., 325, Thambu Chetty Street, Chennai - 600 001.

...Respondent(s)

PRAYER in Crl.M.P.No.3157 of 2026:

Criminal Miscellaneous Petition is filed under Section 430(1) of BNSS, 2023, to suspend the sentence imposed on the petitioner/accused to undergo simple imprisonment of eight months and also to pay a compensation of Rs.12,00,000/- with interest at 3%s per annum in default undergo a sentence of simple imprisonment for one month order passed in C.C.No.2257 of 2008 dated 10.02.2025 by the Metropolitan Magistrate, Fast Track Court - IV, George Town, Chennai, which confirmed in Crl.A.No.322 of 2025 dated 22.01.2026 by the XIX Additional City Civil Court, Chennai pending disposal of the above Criminal Revision Petition. PRAYER in CRL MP No. 3158 of 2026:

Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to exempt the petitioner from surrendering before the learned Metropolitan Magistrate, Fast Track Court - IV, George Town, Chennai in C.C.No.2257 of 2008 dated 10.02.2025 confirming the trial court judgment in Crl.A.No.322 of 2025 dated 22.01.2026 by the XIX Additional City Civil Court, Chennai pending disposal of the above Criminal Page No.1/6

Revision Petition.

For Petitioner(s):

Mr.C.Emalias

ORDER

The petitioner has preferred the above revision challenging the judgment dated 22.01.2026 passed by the learned XIX-Additional City Civil Court, Chennai, in Crl.A.No.322 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 eight months, with a default sentence of simple imprisonment for one month besides directing the petitioner to pay compensation of Rs.12,00,000/- with 3% interest per annum from the date of dishonour of case cheque. The instant petitions have been filed to suspend the sentence imposed on the petitioner and also to exempt him from surrendering before the trial Court, pending disposal of the Criminal Revision Case.

2. It is the case of the respondent that the petitioner had issued two cheques for a sum of Rs.6,00,000/- each towards discharge of liability; that when the said cheques were presented for collection, it was returned stating 'Funds Insufficient'; that in spite of the statutory notice, the petitioner did not make the payment; and hence liable for the said offence. Page No.2/6

3. The learned counsel for the petitioner would submit that though this Court had directed the learned Magistrate pending trial to give an opportunity to the petitioner to adduce evidence, no such opportunity was given and the Appellate Court had also not given any opportunity; that the petitioner has raised substantial grounds in the above revision, which requires consideration; and that he had already deposited 10% of the cheque amount during the pending appeal and to show his bona fides, he is willing to deposit 30% 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 30% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner and exempted him from surrendering before the trial Court, subject to the following conditions:

(i) The petitioner/Accused shall deposit 30% of the cheque amount to the credit of C.C.No.2257 of 2008 on the file of learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai, within a period of four weeks from the date of receipt of Page No.3/6

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 him executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Metropolitan Magistrate, Fast Track Court-IV, 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 Page No.4/6

said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 20-02-2026 (2/2) Mac To

1. The Metropolitan Magistrate, Fast Track Court - IV, George Town, Chennai

2. The XIX Additional City Civil Court, Chennai Page No.5/6

SUNDER MOHAN J.

mac 20-02-2026 (2/2) Page No.6/6