S.Muthiah Vs K.N.Kuppan — Madras HC (2025) — LawSathi Research

S.Muthiah Vs K.N.Kuppan — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Suspension of the sentence of imprisonment imposed on the petitioner/accused, till disposal of Crl.RC.No.1618 of 2023, conditional on deposit of 30% of the cheque amount within four weeks, fixed-deposit handling by the trial Court, and execution of a bond for Rs.10,000/- with two sureties each for a likesum.

Issue for consideration

Whether the sentence of imprisonment imposed on the petitioner/accused should be suspended till disposal of the Criminal Revision Case Crl.RC.No.1618 of 2023, and on what conditions.

Court's answer

Considering that the petitioner has raised substantial grounds requiring consideration and is willing to deposit 30% of the cheque amount, this Court grants suspension of sentence to the petitioner, on stated conditions, till the disposal of the above Criminal Revision.

Ratio / Principle

The petitioner is enlarged on bail on condition that he deposits 30% of the cheque amount, to the credit of C.C.No.85 of 2023, within four weeks from receipt of a copy of the order.

Key takeaways

On such deposit being made, the trial Court shall redeposit the said amount in a Fixed Deposit Account in a nationalized bank, renewable periodically; disbursal of the amount is to be decided at the culmination of the Criminal Revision Case.ratio¶14
On failure of the petitioner/accused to deposit the said amount, it is open to the trial Court to commit him into custody for undergoing the sentence.ratio¶23
Thereafter, the sentence of imprisonment alone imposed on the petitioner/accused shall be suspended, on his executing a bond for Rs.10,000/- with two sureties, each for a likesum, to the satisfaction of the trial court.

Detailed headnote1 paragraphs

Order dated 29/1/2025 by Sunder Mohan J. on Crl.M.P.No.15191 of 2023 in Crl.RC.No.1618 of 2023 (judgment does not print the court name; judis portal URL appears throughout). Respondent's case: petitioner issued a cheque of Rs.4 lakhs towards discharge of liability; it was dishonoured with endorsement "funds insufficient", and despite statutory notice no payment was made. During pendency of the appeal the petitioner had deposited 20% of the cheque amount and now offered a further 30% to show bonafides. Finding substantial grounds requiring consideration and noting the offer to deposit 30% of the cheque amount, this Court granted suspension of sentence till disposal of the Criminal Revision, on these conditions: (i) petitioner enlarged on bail conditional on depositing 30% of the cheque amount to the credit of C.C.No.85 of 2023, Metropolitan Magistrate Fast Track Court No.IV, George Town, Chennai, within four weeks; (ii) trial Court to redeposit the amount in a Fixed Deposit Account in a nationalized bank, disbursal to be decided at culmination of the revision; (iii) sentence of imprisonment alone suspended on a bond of Rs.10,000/- with two sureties each for a likesum; (iv) photographs and Left Thumb Impressions to be affixed on the surety bond, with Aadhar card/Bank pass Book/mobile numbers obtained to verify identity; (v) monthly appearance before the Trial Court on the first working day at 10.30 a.m., absence to be covered by an application under Section 317 Cr.P.C.; (vi) failure to deposit permits the trial Court to commit the petitioner to custody for undergoing the sentence. Accordingly, the Criminal Miscellaneous Petition is ordered. No precedents are cited in this order.

Crl.M.P.No.15191 of 2023 in Crl.RC.No.1618 of 2023

Crl.M.P.No.15191 of 2023 in Crl.RC.No.1618 of 2023

SUNDER MOHAN,J

It is the case of the respondent that towards discharge of his liability, the petitioner had issued a cheque for a sum of Rs.4 lakhs and when the said cheque was presented to collection, it was returned with an endorsement “funds insufficient” and in spite of statutory notice, the petitioner did not make any payment.

2. The learned counsel for the petitioner submitted that the petitioner

has raised substantial grounds which require consideration; that the petitioner had deposited 20% of the cheque amount during the pendency of the appeal and now, to show his bonafides he is willing to pay 30% of the cheque amount; and prayed for suspension of sentence.

3. Heard the learned counsel for the respondent.

https://www.mhc.tn.gov.in/judis

1/4

Crl.M.P.No.15191 of 2023

in Crl.RC.No.1618 of 2023

4. Considering the fact that the petitioner has raised substantial grounds, which requires consideration and the submission made by the petitioner that he is willing to deposit 30% of the cheque amount, this Court is inclined to grant suspension of sentence to the petitioner, on the following conditions, till the disposal of the above Criminal Revision :

(i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner shall deposit 30% of the cheque amount, to the credit of C.C.No.85 of 2023 on the file of the Metropolitan Magistrate Fast Track Court No.IV, George Town, Chennai, 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 for a sum of Rs.10,000/- with two sureties, each for a likesum to the

https://www.mhc.tn.gov.in/judis

2/4

Crl.M.P.No.15191 of 2023

satisfaction of the trial court.

in Crl.RC.No.1618 of 2023

(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 a 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 that 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.

(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.

5. Accordingly, this Criminal Miscellaneous Petition is ordered.

29/1/2025

mvs.

https://www.mhc.tn.gov.in/judis

3/4

Crl.M.P.No.15191 of 2023 in Crl.RC.No.1618 of 2023

SUNDER MOHAN,J

mvs.

Crl.M.P.No.15191 of 2023 in Crl.R.C.No.1618 of 2023

29/1/2025

https://www.mhc.tn.gov.in/judis

4/4