D.Vijayakumar v. a.Rajesh
Case brief
What is this about?
Suspension of sentence; Section 138 Negotiable Instruments Act conviction; Section 438(1) Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023; deposit of entire cheque amount within four weeks as bail condition; fixed deposit in nationalised bank pending revision; bond Rs.25,000 with two sureties each for likesum; Aadhar/Bank Pass Book identity verification of sureties; monthly appearance before trial court first working day 10.30 a.m.; Section 355 BNSS 2023 application for absence; commitment to custody on failure to deposit; Crl.R.C.No.1234 of 2025; S.T.C.No.5013/2021; Crl.A No.253 dismissed 21.02.2025; XVI Additional Sessions Judge City Civil Court Chennai; Metropolitan Magistrate FTC-I Egmore; compensation Rs.72,00,000; D. Vijayakumar v. A. Rajesh; High Court of Judicature at Madras; G.K. Ilanthiraiyan, J.; 29.07.2025.
What did the court decide?
Suspension of the sentence of imprisonment (six months' simple imprisonment imposed under Section 138 NI Act and confirmed in appeal) till the disposal of Crl.R.C.No.1234 of 2025, subject to: deposit of the entire cheque amount (net of prior deposits) within four weeks and its redeposit as a fixed deposit in a nationalised bank; execution of a bond for Rs.25,000/- with two sureties each for a likesum; photograph/thumb-impression and identity verification formalities; monthly appearances before the trial court (with Section 355 BNSS, 2023 mechanism for absence); and commitment to custody on failure to deposit.