L.Darwin @ Sahaya Darvin v. P. Rajesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2026

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.84 of 2026 L.Darwin @ Sahaya Darvin

...Petitioner

-vsP.Rajesh

...Respondent

PRAYER in Crl.M.P.No.540 of 2026: Criminal Miscellaneous Petition filed under Section 438 (1) of BNSS, to suspend the sentence of the petitioner in Crl.Appeal No.505 of 2024 on the file of Principal Sessions Judge, Chennai, dated 25.10.2025 and confirming the sentence imposed by the Trial Court in STC.No.7621 of 2022 dated 01.07.2024 on the file of the XXV Metropolitan Magistrate, Egmore, Chennai pending disposal of the above Criminal Revision.

PRAYER in Crl.M.P.No.544 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, to grant an order of exemption to surrender in Crl.A.No.505 of 2024 on the file of Principal Sessions Judge, Chennai, dated 25.10.2025 and confirming the sentence imposed by the Trial Court in STC.No.7621 of 2022 dated 01.07.2024 on the file of the XXV Metropolitan Magistrate, Egmore, Chennai Page No.1/6

For Petitioner :

Mr.S.Vijayakumar

ORDER

The petitioner has preferred the above revision challenging the judgment dated 25.10.2025 passed by the learned Principal Sessions Judge, Chennai, in Crl.A.No.505 of 2024 confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentencing him to undergo simple imprisonment for a period of six months, with a default sentence of simple imprisonment for one and half months besides directing the petitioner to pay compensation of Rs.8,00,000/-. The instant petitions have been filed to suspend the sentence imposed on the petitioner and also to exempt him from surrendering before the trial Court, pending disposal of the Criminal Revision Case.

2. It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.8,00,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating 'Funds Insufficient'; that in spite of the statutory notice, the petitioner did not make Page No.2/6

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 40% of the cheque amount.

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 40% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner and exempted him from surrendering before the trial Court, subject to the following conditions: (i) The petitioner/Accused shall deposit 40% of the cheque amount to the credit of S.T.C.No.7621 of 2022 on the file of learned XXV Metropolitan Magistrate, Egmore, Chennai, within a period of six weeks from the date of receipt Page No.3/6

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 him executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned XXV Metropolitan Magistrate, Egmore, 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 she is not able to appear before the Trial Court on any day, she 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 Page No.4/6

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.

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 20.01.2026 (2/2) Mac Page No.5/6

SUNDER MOHAN, J.

Mac To

1. The Principal Sessions Court, Chennai,

2. The XXV Metropolitan Magistrate, Egmore, Chennai in Crl.R.C.No.84 of 2026 20.01.2026 (2/2) Page No.6/6