A.Dhanapal Vs D.K.Manoharan — Cheque Dishonour | Madras HC (2025)

A.Dhanapal Vs D.K.Manoharan — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

Suspension of the sentence of imprisonment and enlargement on bail subject to conditions (deposit of 25% of the cheque amount with fixed-deposit redeposit, bond of Rs.25,000/- with two sureties, identity verification, and monthly appearances) till the disposal of Crl.R.C.No.948 of 2025.

Issue for consideration

Whether the petitioner/accused, convicted under Section 138 of the Negotiable Instruments Act and whose appeal was dismissed, is entitled to suspension of the substantive sentence and enlargement on bail pending disposal of Crl.R.C.No.948 of 2025.

Court's answer

Considering that the petitioner has raised substantial grounds in the revision which require consideration, the Court granted suspension of sentence on stated conditions till the disposal of the Criminal Revision.

Ratio / Principle

The petitioner is enlarged on bail on condition that he deposits 25% of the cheque amount to the credit of C.C.No.962 of 2017.

Key takeaways

On such deposit, the trial court shall redeposit the amount in a Fixed Deposit Account in a nationalised bank, periodically renewable; disbursal to be decided at the culmination of the Criminal Revision Case.ratio¶36
Only the sentence of imprisonment is suspended, upon the petitioner executing a bond for Rs.25,000/- with two sureties, each for a likesum, to the satisfaction of the trial court.ratio¶37
Identity safeguards: the petitioner and sureties shall affix their photographs and left thumb impression in the surety bond, and the trial court may obtain a copy of their Aadhaar card or bank passbook and mobile numbers to ensure identity.

Detailed headnote1 paragraphs

Madras High Court (G.K. Ilanthiraiyan, J.), Crl.M.P.No.12625 of 2025 in Crl.R.C.No.948 of 2025, order dated 01.07.2025: Criminal Miscellaneous Petition under Section 430(i) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by A. Dhanapal, convicted under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate, Fast Track Court Level 2, Coimbatore in C.C.No.962 of 2017 (judgment dated 09.05.2019) to six months' simple imprisonment and compensation of Rs.4,50,000/- with 6% interest, whose appeal (Crl.A.No.309 of 2019) was dismissed by the V Additional District and Sessions Judge, Coimbatore on 27.04.2023. Finding that substantial grounds had been raised in the pending revision, the Court suspended the sentence of imprisonment till its disposal and enlarged the petitioner on bail subject to: (i) deposit of 25% of the cheque amount to the credit of C.C.No.962 of 2017; (ii) redeposit of that amount in a Fixed Deposit Account in a nationalised bank, disbursal to be decided at the culmination of the revision; (iii) execution of a bond for Rs.25,000/- with two sureties each for a likesum; (iv) affixation of photographs and left thumb impression in the surety bond with Aadhaar card/bank passbook and mobile-number verification of identity; (v) appearance before the trial court on the first working day of every English calendar month, with liberty to seek alternate-date appearance via an application under Section 355 of BNSS, 2023; and (vi) liability to committal to custody on failure to make the deposit.

Crl.M.P No.12625 of 2025 in Crl.R.C.No.948 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.07.2025

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

Crl.M.P.No.12625 of 2025 in Crl.R.C.No. 948 of 2025

A.Dhanapal S/o. Arunachalam, No.64, Mariamman Koil Street, K.V.Palayam, Sathyamangalam, Erode District.

... Petitioner

Vs

D.K.Manoharan, S/o. Krishna Chettiyar No.31-H, Bogaiyan Layout, Karamadai Road, Mettupalayam, Coimbatore District.

... Respondent

PRAYER : Criminal Miscellaneous Petition filed under Section 430 (i) of Bharatiya Nagarik Suraksha Sanhita, 2023, to enlarge the petitioner on bail and suspend the sentence imposed by the V Additional District and Sessions Judge at Coimbatore in Crl.A.No.309 of 2019 dated 27.04.2023 confirming the judgment passed by the Judicial Magistrate, Fast Track Court Level 2 at Coimbatore in C.C.No.962 of 2017 dated 09.05.2019.

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For Petitioner : Mr.S.Parthasarathy

ORDER

Crl.M.P No.12625 of 2025 in Crl.R.C.No.948 of 2025

This Criminal Miscellaneous Petition has been filed to enlarge the

petitioner on bail and suspend the sentence imposed by the V Additional District and Sessions Judge at Coimbatore in Crl.A.No.309 of 2019 dated 27.04.2023 confirming the judgment passed by the Judicial Magistrate, Fast

Track Court Level 2 at Coimbatore in C.C.No.962 of 2017 dated 09.05.2019.

The petitioner herein is the accused in C.C.No.962 of 2017 on the

file of the learned Judicial Magistrate, Fast Track Court Level 2, Coimbatore. 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 six months and to pay a compensation of Rs.4,50,000/- with 6% interest to the complainant, within a period of one month in default to undergo three months simple imprisonment. Aggrieved by the same, the petitioner had filed appeal in C.A No.309 of 2019 and the learned V Additional District and Sessions Judge at Coimbatore by a judgment dated 27.04.2023 had dismissed the above

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Crl.M.P No.12625 of 2025 in Crl.R.C.No.948 of 2025

appeal. Aggrieved by the same, the present revision has been filed.

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 the condition imposed by this Court.

Heard the learned counsel appearing for the petitioner and also

perused the materials placed on record.

Considering the fact that the petitioner has raised substantial grounds in the above revision, which requires consideration, this Court is inclined to grant suspension of sentence on the following conditions, till the disposal of the above Criminal Revision:

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Crl.M.P No.12625 of 2025 in Crl.R.C.No.948 of 2025

(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit 25% of the cheque amount to the credit of C.C.No.962 of 2017 on the file of the Judicial Magistrate (Fast Track Court) Magisterial Level-2, Coimbatore.

(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 for a sum of Rs.25,000/- with two sureties, each for a likesum to the satisfaction of the trial court;

(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 English Calendar

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Crl.M.P No.12625 of 2025 in Crl.R.C.No.948 of 2025

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;

(vi) 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.

With the above directions, this Criminal Miscellaneous Petition is

ordered.

01.07.2025

bkn

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Crl.M.P No.12625 of 2025 in Crl.R.C.No.948 of 2025

G.K.ILANTHIRAIYAN, J.

bkn

To

The V Additional District and Sessions Judge, Coimbatore. 2. The Judicial Magistrate, Fast Track Court Level 2, Coimbatore 3. The Superintendent, Central Prison, Coimbatore.

Crl.M.P.No.12625 of 2025 in Crl.R.C.No. 948 of 2025

01.07.2025

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