M/S.Vts Enterprises India Private Ltd., v. M/S.Bsg Traders
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.2781 of 2025 1.M/s.VTS Enterprises India Private Ltd., Represented by its Managing Director, Mr.Sathya Narayanan C.Y.
S/O.Chinnaswamy Yuvaraj, No.3B, 3rd floor, No.25, Park Center, Venkatanarayana Road, T.Nagar, Chennai - 600017.
2.Mr.Sathya Narayanan C.Y., S/o. Chinnaswamy Yuvaraj, No.3B, 3rd floor, No.25, Park Center, Venkatanarayana Road, T.Nagar, Chennai - 600017.
...Petitioner
-vsM/s.BSG Traders, Propietrix, Ms.B.Chandrakala, Represented by her Power Agent, Mr.Balu Bhaskar, S/o.Balu Subbaraya Chetty, No.4, Rajiv Gandhi Main Road, Erukkanchery, Chennai - 600 118.
...Respondent
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PRAYER: Criminal Miscellaneous Petition filed under Section 430 of BNSS, to suspend the sentence of imprisonment order imposed by the Honourable XXI Additional Sessions Judge, Chennai vide impugned order dated 26.09.2025, in Crl.A.No.1077/2024, pending disposal of the Criminal Revision Petition, and enlarge the petitioner on bail. For Petitioner :
Mr.M.Velmurugan
ORDER
The petitioner has filed the criminal revision challenging the judgment in Crl.A.No.1077 of 2024 passed by the learned XXI Additional City Civil Court, Allikulam, confirming the judgment in STC.No.3069 of 2023 passed by the learned Metropolitan Magistrate, Fast Track Court No.1 convicting the petitioner for the offences under Section 138 of NI Act and sentencing him to undergo simple imprisonment for 6 months and to pay a compensation of Rs.5,59,72,179/-, in default to undergo 2 months simple imprisonment. Pending the criminal revision, the petitioner has filed the instant petition seeking suspension of sentence. 2.
The allegation in the complaint filed by the respondent is that, towards discharge of the liability, the petitioners had issued two cheques for 2/7
a total sum of Rs.5,59,72,179/-; that when the two cheques were presented for collection, they were returned for the reason "Drawers signature differs" and inspite of statutory notice, the petitioner did not pay the cheque amount and he is liable for the offence.
3.
The learned counsel for the petitioner would submit that when the trial was pending, the petitioner had entered into a Memorandum of understanding with the complainant, promising to pay the entire cheque amount on or before 28.02.2026; that even before the Memorandum of understanding was signed, the petitioner had paid Rs.60,00,000/- on various dates; that thereafter on various dates, he had paid a further sum of Rs.51,00,000/-; and that on account of his financial constraints, he could not pay the balance amount, and in the meanwhile, he was convicted by the trial Court. The learned counsel would further submit that the petitioner is willing to settle the dispute with the respondent and that to show his bonafides is willing to deposit Rs.50,00,000/- at the time of execution of sureties and a further sum of Rs.50,00,000/- within a period of four weeks and prayed for suspension of sentence.
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4.
Considering the submissions made by the learned counsel for the petitioner; that since a memorandum of understanding has already been entered into between the parties and the petitioner is willing to settle the matter, this Court is inclined to suspend the sentence imposed on the petitioner by the trial court, subject to the following conditions: (i) The petitioner/Accused shall deposit a sum of Rs.50,00,000/- [Rupees Fifty Lakh Only) at time of execution of sureties, to the credit of STC.No.3069 of 2023 on the file of the learned Metropolitan Magistrate, FTC-I, Allikulam, Chennai-3.
(ii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on his executing a bond for a sum of Rs.25,000/- with two sureties each for a likesum to the satisfaction of the learned Metropolitan Magistrate, FTC-I, Allikulam, Chennai-3 (iii) 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; (iv) The petitioner/accused shall also deposit a further 4/7
sum of Rs.50,00,000/- within a period of four weeks from today.
(v) 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; (vi) 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 (vii) On the failure of the petitioner/Accused, depositing the said amount of Rs.50,00,000/- within four weeks, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
5. Accordingly, this Criminal Miscellaneous Petition is ordered. 17.12.2025 (2/2) dpa Note: Issue order copy on 17.12.2025 5/7
To 1.The XXI Additional Sessions Judge, Chennai 2.The Metropolitan Magistrate, FTC-I, Allikulam, Chennai-3 3.The Superintendent, Puzhal-I, Chennai.
4.The Public Prosecutor, High Court, Madras.
SUNDER MOHAN, J.
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in Crl.R.C.No.2781 of 2025 17.12.2025 (2/2) 7/7