N.D.Giridhar v. S.Bharathi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN IN CRL RC NO. 938 OF 2026 N.D.Giridhar No.18, Saravana Nagar, Military Road, Orikkai Post, Kanchipuram.
..Petitioner(s) in both CRL MPs Vs S.Bharathi S/o T.Siva, No.7/17, Subburayan 4th Street, Nammalvarpet, Chennai.
..Respondent(s) in both CRL MPs PRAYER in Crl.M.P.No.7403 of 2026: Criminal Miscellaneous Petition filed under Section 438(1) of BNSS to suspend the order of sentence and conviction in Crl.A.No.409 of 2024 dated 26.02.2026 passed by I Additional Sessions Judge, (V Additional Sessions Court FAC Chennai), by confirming the order of conviction dated 09.05.2024 passed in STC.No.2624 of 2022 by the learned Metropolitan Magistrate Fast Track Court II, at Allikulam Chennai and enlarge the petitioner on bail and pass such further or other orders. PRAYER in Crl.M.P.No.7404 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exempt the surrender of the petitioner before the Trial Court the order of conviction in Crl.A.No.409 of 2024 dated 26.02.2026 passed by the I Additional Sessions Judge, (V Additional Sessions
Court FAC Chennai), by confirming the order of conviction dated 09.05.2024 passed in STC No.2624 of 2022 by the learned Metropolitan Magistrate Fast Track II, at Allikulam Chennai.
For Petitioner(s):
Mr.K.Venkateswaran
ORDER
The petitioner has preferred the above revision challenging the judgment dated 26.02.2026 passed in Crl.A. No. 409 of 2024 by the learned I Additional Sessions Judge (V Additional Sessions Court FAC, Chennai), confirming the judgment of the Trial Court convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentencing him to undergo six months simple imprisonment and to pay compensation of Rs.2,60,000/- within 30 days from 26.02.2026, in default, to undergo two weeks simple imprisonment. 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 dated 27.07.2021 for a sum of Rs.2,60,000/- towards discharge of liability; that when the cheques were presented for collection, they 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 judgments of the Courts below are liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit the sum equivalent to 50% of the cheque amount; and thus prays for suspension of the 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 50% of the cheque amount, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before 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/Accused shall deposit 50% of the cheque amount, to the credit of STC No. 2624 of 2022 on the file of Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai, 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 her 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 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 her 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 24-04-2026 (1/2) Index: Yes/No Speaking/Non-speaking order dpa 1.The learned I Additional Sessions Judge, V Additional Sessions Court FAC, Chennai.
2.The learned Metropolitan Magistrate, Fast Track Court-II, Egmore at Allikulam, Chennai.
C.KUMARAPPAN, J.
dpa IN CRL RC NO. 938 OF 2026 24-04-2026 (1/2)