M.V.Martin v. R.Karthikeyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN Crl.M.P.No.23309 of 2025 in Crl.R.C.No.2657 of 2025 M.V.Martin . ...
Petitioner Vs R.Karthikeyan ... Respondent For Petitioner (s): Mr.B.Ullasavelan
ORDER
The petitioner has preferred the above revision challenging the judgment passed by the learned Judicial Magistrate (FTC-II) Coimbatore in Crl.A.No.97 of 2021 dated 17.11.2025, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him to undergo Simple Imprisonment for 6 months and further directed to pay a sum of Rs.7,50,000/- with 6 % interest within a period of thirty days and in default of payment of compensation, the petitioner shall undergo three months 1/5
simple imprisonment The instant petition has been filed to suspend the sentence imposed on the petitioner.
2. It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.7,50,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned for the reason 'Accounts closed'; 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 judgment of the Courts below are liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit 20% of the cheque amount.
4. Heard the learned counsel for the petitioner and perused the materials available on record.
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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 20% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions: (i) The petitioner/accused is directed to deposit 20 % of the cheque amount ie. Rs.1,50,000/- [Rupees One Lakh Fifty Thousand only], 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 his executing a bond a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate Fast Track Court II, Coimbatore ; (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; 3/5
(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.
7. Accordingly, this Criminal Miscellaneous Petition is ordered. 05.12.2025 (2/2) sma To
1. V Additional District Sessions Judge, Coimbatore
2. Judicial Magistrate Fast Track Court-II, Coimbatore 3.The Public Prosecutor, High Court, Madras.
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SUNDER MOHAN, J.
sma Crl.M.P.No.23309 of 2025 in Crl.R.C.No.2657 of 2025 05.12.2025 5/5