B.Chitra v. K.Murali
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.2741 of 2025 B.Chithra
...Petitioner
-vsK.Murali
...Respondent
PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS, to suspend the sentence imposed upon the petitioner/accused passed in the judgment dated 09.09.2025 passed in Crl.A.No.37 of 2024 by the learned XX Additional Sessions City Civil Court, Chennai, pending disposal of the present Criminal Revision Petition.
For Petitioner :
Mr.M.U.Vikkiram Raj
ORDER
This Criminal Miscellaneous Petition has been filed seeking to 1/7
suspend the sentence passed by the learned the XX Additional Sessions City Civil Court, Chennai in Crl.A.No.37 of 2024 dated 09.09.2025, confirming the judgment of conviction and sentence passed by the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam Chennai-3, in C.C.No.5810 of 2019 dated 22.12.2023.
2. The case of the respondent is that the petitioner had issued cheque for a sum Rs.30,00,000/- towards discharge of the liability, and when the said cheque was presented for collection, it was returned for the reason "Payment Stopped by the Drawer" and in spite of statutory notice, the petitioner did not pay the cheque amount.
3. The petitioner/Accused in C.C.No.5810 of 2019 was convicted by the Trial Court for the offence under Section 138 of the Negotiable Instruments Act and sentenced to undergo one year of Simple Imprisonment. .
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4. Challenging the above conviction and sentence, the petitioner/accused preferred an appeal in Crl.A.No.37 of 2024 before the learned the XX Additional Session City Civil Court at Chennai. The Appellate Court, vide judgment dated 09.09.2025, dismissed the appeal filed by the petitioner/accused and confirmed the conviction and sentence imposed by the Trial Court.
5. Aggrieved by the above judgment of the Appellate Court, the petitioner/accused has preferred this Revision. Pending revision, the petitioner has sought for suspension of sentence in this Criminal Miscellaneous Petition.
6. The learned counsel for the petitioner/accused submitted that there are several arguable points in the above revision which requires consideration; and that to show his bonafides, the petitioner is willing to deposit Rs.3,00,000/- and prayed for suspension of sentence. 3/7
7. Heard the learned counsel for the petitioner and perused the materials available on record.
8. Considering the submissions made by the learned counsel for the petitioner that there are several arguable points in the above revision which requires consideration and the fact that the petitioner is willing to deposit Rs.3,00,000/-, this Court is inclined to suspend the sentence imposed on the petitioner by the trial court, subject to the following conditions, till the disposal of the above Criminal Revision :
(i) The petitioner/Accused shall deposit a sum of Rs.3,00,000/- [Rupees Three Lakh Only), to the credit of C.C.No.5810 of 2019 on the file of the learned Metropolitan Magistrate, FTC-I, Egmore @ 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 4/7
imposed on the petitioner/Accused shall be suspended, on his executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Fast Track Court -I, Egmore @ Allikulam, 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 he is not able to appear before the Trial Court on any 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; and (vi) On the failure of the petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
9. Accordingly, this Criminal Miscellaneous Petition is ordered. 16.12.2025 (2/2) dpa 5/7
To 1.The XX Additional Sessions City Civil Court, Chennai, 2.The Fast Track Court -I, Egmore @ Allikulam, Chennai; 3.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
dpa 6/7
in Crl.R.C.No.2741 of 2025 16.12.2025 (2/2) 7/7