Ammanullah v. Green Apple South Asia Industries,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.04.2026
CORAM:
THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.8137 of 2026 in Crl.R.C.No. 1014 of 2026 Ammanullah S/o. Late Assadullah, Proprietor of National Bags, No.18/1/166, Jamiya Mosque Complex, Sikharamvari Street, Near Head Post Office, Nellore - 524 001 (A.P.) ....
Petitioner Vs Green Apple South Asia Industries, Rep. By its Propropritrix Sulthana Banu, Rep. By its Power of Attorney Gous Mohamed Gani, No.4, 2nd Lane Beach, Chennai - 600 001.
....
Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of Bharatiya Nagarik Suraksha Sanhita, 2023, to suspend the sentence of imprisonment imposed in the judgment dated 17.03.2026 in Crl.A.No.586 of 2024 on the file of the learned XXII Additional Sessions Judge, Chennai by confirming the conviction and sentence passed in judgment dated 02.08.2024 made in C.C.No.1598 of 2019 by the learned III Metropolitan Magistrate George Town at Chennai.
For Petitioner : Mr.A.M.Venkata Krishnan
ORDER
This Criminal Miscellaneous Petition has been filed by the petitioner, seeking suspension of sentence imposed by the learned XXII Additional Sessions Judge, Chennai, in Crl.A.No.586 of 2024, dated 17.03.2026, confirming the Judgment dated 02.08.2024 passed in C.C.No.1598 of 2019 by the learned III Metropolitan Magistrate, George Town, Chennai and enlarge the petitioner on bail pending disposal of the above Criminal Revision Case. 2.
The petitioner herein is the accused in C.C.No.1598 of 2019 on the file of the learned III Metropolitan Magistrate, George Town, Chennai. He was found guilty of the offence under Section 138 of the Negotiable Instruments Act and he has been convicted and sentenced to undergo simple imprisonment for a period of one year and also awarded to pay the cheque amount of Rs.2,76,825/-, in default of payment of compensation, the petitioner shall undergo a simple imprisonment for a period of three months as default sentence. Aggrieved by the same, the petitioner had filed an appeal in Crl.A No.586 of 2024 and the learned XXII Additional Sessions Judge, Chennai, by order dated 17.03.2026, had dismissed the above appeal, confirming the judgment and sentence imposed by the trial Court. Aggrieved by the same, the present revision has been filed.
3.
The learned counsel for the petitioner/accused would submit that there are arguable points available in the Criminal Revision Case and the petitioner/accused has got a fair chance of succeeding in the Criminal Revision Case and hence, the substantive sentence imposed against the petitioner/accused may be suspended. He would submit that the petitioner is ready to abide any condition to be imposed by this Court.
4.
Heard the learned counsel appearing for the petitioner and also perused the materials placed on record.
5.
Considering the submissions of the learned counsel for the petitioner, coupled with the quantum of punishment imposed upon the petitioner and taking into consideration the fact that this criminal revision is not likely to be taken for final hearing in the near future, this Court is of the view that the substantive sentence of imprisonment alone can be suspended on certain conditions. Accordingly, till the disposal of the Criminal Revision Case, the reliefs of suspension of sentence and bail are granted on the following conditions:
(i) the petitioner shall deposit the 50% of the cheque amount, i.e. Rs.2,76,825/- (Rupees Two Lakhs seventy six
thousand eight hundred twenty five only), after deducting the amount which was already deposited by the petitioner, if any, to the credit of C.C.No.1598 of 2019 on the file of learned III Metropolitan Magistrate, George Town, Chennai, within a period of six weeks from today. Failing which, the order passed by this Court shall stand automatically cancelled and the respondent is at liberty to take appropriate steps to secure the petitioner to serve remaining period of sentence.
(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) 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. (iv) On the petitioner depositing the amount as stated clause (i) supra, the sentence of imprisonment alone, imposed on the petitioner/accused, shall be suspended, on his execution of a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties, each for a likesum to the satisfaction of the trial court; (v) 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; (vi) The petitioner shall appear before the Trial Court on the first working day of every English Calendar month at 10.30 a.m., until the disposal of the revision petition 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 355 of BNSS, 2023 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;
6. With the above directions, this Criminal Miscellaneous Petition is ordered.
30.04.2026 (3/3) Index : Yes/No : Yes/No Speaking/non-speaking order rts
G.K.ILANTHIRAIYAN, J.
rts To
1. The XXII Additional Sessions Judge, Chennai.
2. The III Metropolitan Magistrate George Town, Chennai. Crl.M.P.No.8137 of 2026 in Crl.R.C.No. 1014 of 2026 30.04.206 (3/3)