M/S. Pranav Foundation Private Limited v. R.A. Ramalingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.03.2026
CORAM
THE HONOURABLE MR JUSTICE C.KUMARAPPAN Crl.M.P.Nos.5431 & 5432 of 2026 Crl.R.C.No. 711 of 2026
1. M/s.Pranav Foundation Pvt. Ltd., Rep. By its Managing Director Mr.Srilakshmi aged 54, W/o. A.Ranganathan, No.72-A, L.Block, 21st Street, Anna Nagar, Chennai - 600 102.
2. A.Ranganathan
3. Srilakshmi ..Petitioners Vs.
R.A.Ramalingam ..Respondent PRAYER in Crl.M.P.No.5431 of 2026: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence of imprisonment imposed dated 09.02.2026 made in Crl.A.No.510 of 2025 on the file of the learned XV Additional Sessions Judge, City Civil Court, Chennai, confirming the conviction made in S.T.C.No.3244 of 2024 on the 1\7
file of the learned Metropolitan Magistrate, Fast Track Court-II (Magisterial Level), Egmore @ Allikulam, Chennai dated 06.03.2025 and enlarge the petitioners on bail, pending disposal of the above said Criminal Revision Petition.
PRAYER in Crl.M.P.No.5432 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exempt the petitioners from surrender in pursuant to the judgment dated 09.02.2026 made in Crl.A.No.510 of 2025 on the file of the learned XV Additional Sessions Judge, City Civil Court, Chennai, confirming the conviction made in S.T.C.No.3244 of 2024 on the file of the learned Metropolitan Magistrate, Fast Track Court-II (Magisterial Level), Egmore @ Allikulam, Chennai dated 06.03.2025.
For Petitioners :: Mr.S.Manoj Kumar COMMON ORDER The petitioners have preferred the above revision challenging the judgment dated 09.02.2026 passed in Crl.A. No. 510 of 2025 by the learned XV Additional Sessions Judge, City Civil Court, Chennai, confirming the judgment of the Trial Court convicting the petitioners for the offence under 2\7
Section 138 of the Negotiable Instruments Act, and sentencing them to undergo one year simple imprisonment and to pay compensation of Rs.50,00,000/-, to the complainant within 30 days from the date of judgement. The compensation amount is ordered to be recovered as a fine. The instant petitions have been filed to suspend the sentence imposed on the petitioners and to exempt the petitioners from surrendering before the Trial Court, pending disposal of the above revision.
2. It is the case of the respondent that the petitioners had issued four cheques, each dated 31.03.2021, 20.01.2024, 20.01.2024 and 20.01.2024, for Rs.1,50,000/-, Rs.25,00,000/-, Rs.10,00,000/- and Rs.15,00,000/- towards discharge of liability; that when the said cheques were presented for collection, they were returned for the reason 'Exceeds Arrangement'; that in spite of the statutory notice, the petitioners did not make the payment; and hence liable for the said offence.
3. The learned counsel for the petitioners would submit that the petitioners have raised substantial grounds in the above revision; that the petitioners have rebutted the statutory presumption; that the judgments of the Courts below are liable to be set aside; and that, to show their bona fides, the 3\7
petitioners are willing to deposit a sum of Rs.20,00,000/-.
4. Heard the learned counsel for the petitioners and perused the materials available on record.
5. Having regard to the submission made by the learned counsel for the petitioners that there are substantial grounds raised in the above revision which require consideration, and the fact that the petitioners are willing to deposit a sum of Rs.20,00,000/-, this Court is inclined to grant suspension of sentence and exempt the petitioners from surrendering before the Trial Court, pending disposal of the revision, subject to the following conditions:
(i) The second and third petitioners are ordered to be enlarged on bail, on condition that the petitioners shall deposit a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the credit of STC No. 3244 of 2024 on the file of learned Metropolitan Magistrate, Fast Track Court-II (Magisterial Level), Egmore @ Allikulam, Chennai, within a period of six 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 4\7
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 second and third petitioners/accused shall be suspended, on their 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 second and third petitioners 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 second and third petitioners 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 they are not able to appear before the Trial Court on that day, they 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 their absence as directed by the Trial Court. 5\7
(vi) On the failure of the second and third petitioners/accused, depositing the above said amount, it is open to the Trial Court to commit the second and third petitioners/accused into custody for undergoing the sentence.
6. Accordingly, these Criminal Miscellaneous Petitions are ordered.
26.03.2026 2/2 kv To
1. The XV Additional Sessions Judge, City Civil Court, Chennai.
2. The Metropolitan Magistrate, Fast Track Court-II (Magisterial Level), Egmore @ Allikulam, Chennai.
6\7
C.KUMARAPPAN,J.
kv Crl.M.P.Nos.5431 & 5432 of 2026 Crl.R.C.No. 711 of 2026 26.03.2026 2/2 7\7