The Court suspended the imprisonment sentence imposed for cheque dishonour pending criminal revision, subject to depositing 30% of the cheque amount and executing a bond with sureties.
Suspended sentence subject to deposit of 30% cheque amount and executing bond with sureties.
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Crl.MP No.23360 of 2025 in Crl.RC No.2659 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
Crl.M.P.No.23360 of 2025 in Crl.R.C.No.2659 of 2025
T.Thanigaivel . ... Petitioner Vs N.Bakthavachalam ... Respondent
For Petitioner (s): Mr.S.Shanmugam
ORDER
This Criminal Miscellaneous Petition has been filed to to suspend the
sentence imposed in C.C.No.37 of 2021 on the file of the learned Judicial Magistrate No.I, Kancheepuram dated 23.04.2024 confirmed by the Appellate Court in C.A.No.28 of 2024 on the file of the Principal District and Sessions Court, Kanchipuram by judgement dated 14.11.2025 and
release him on bail pending disposal of the above Criminal Revision Petition
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Crl.MP No.23360 of 2025 in Crl.RC No.2659 of 2025 cheque for Rs.19,03,000/- towards discharge of his liability and when the said cheque was presented for collection, it was returned for the reason “Funds Insufficent” and inspite of statutory notice, the petitioner did not make any payment.
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Crl.MP No.23360 of 2025 in Crl.RC No.2659 of 2025 petitioner had rebutted the statutory presumption; that there are several arguable points in the above revision which requires consideration; and that to show his bonafides, the petitioner is willing to pay an deposit of 30 % of the cheque amount and prayed for suspension of sentence.
(i) The petitioner/accused is directed to deposit 30 % of the cheque amount ie. Rs.5,70,900/- [Rupees Five Lakh Seventy Thousand Nine Hundred only], 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
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Crl.MP No.23360 of 2025 in Crl.RC No.2659 of 2025 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 a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.I, Kancheepuam ;
(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 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
(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.
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Crl.MP No.23360 of 2025 in Crl.RC No.2659 of 2025
7. Accordingly, this Criminal Miscellaneous Petition is ordered.
05.12.2025
(2/2)
sma
To
2. Principal District and Sessions Court, Kanchipuram
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Crl.MP No.23360 of 2025 in Crl.RC No.2659 of 2025 SUNDER MOHAN, J.
sma
Crl.M.P.No.23360 of 2025 in Crl.R.C.No.2659 of 2025
05.12.2025
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1 issue framed by the court
Whether the sentence imposed for offence under Section 138 of the Negotiable Instruments Act should be suspended pending disposal of the Criminal Revision?
2 provisions across 2 enactments
T.Thanigaivel
N.Bakthavachalam
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
