Petition to suspend sentence in a cheque dishonour case after conviction under Section 138 NI Act was confirmed on appeal. The court suspended the imprisonment till disposal of the revision, conditional on deposit of Rs.5,00,000 and execution of a bond with sureties and monthly appearances.
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Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.12.2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN
Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
K.Sundar
...Petitioner
-vs-
Mahalakshmi Anandan ...Respondent
PRAYER : Criminal Miscellaneous Petition filed under Section 430(1)(a) of BNSS, to suspend the sentence of imprisonment was awarded in the judgement dated 19.09.2025 in Crl.A.No.913 of 2024 on the file of the XIX Additional City Civil Court at Chennai in C.C.No.4485 of 2019 dated 25.10.2024 on the file of the Fast Track Court at Magistrate Level-V, Saidapet, Chennai and enlarge the petitioner on bail pending disposal of the Criminal Revision Petition.
For Petitioner : Mr.V.Shanmugasundaram
ORDER
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Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
This Criminal Miscellaneous Petition has been filed seeking to suspend the sentence passed by the learned the XIX Additional City Civil Court at Chennai in Crl.A.No.913 of 2024 dated 19.09.2025 , confirming the judgment of conviction and sentence passed by the learned Fast Track Court at Metropolitan Magistrate, Level – V, Saidapet, in C.C.No.4485 of 2019 dated 25.10.2024 .
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petitioner/accused preferred an appeal in Crl.A.No.913 of 2024 before the learned the XIX Additional City Civil Court at Chennai . The Appellate Court, vide judgment dated 19 .09.2025, dismissed the appeal filed by the petitioner/accused and confirmed the conviction and sentence imposed by the Trial Court.
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Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
the Trial Court, subject to the following conditions, till the disposal of the above Criminal Revision Case:
(i) The petitioner/Accused shall deposit a sum of Rs.5,00,000/- [Rupees Five Lakh Only), to the credit of C.C.No.4485 of 2019 on the file of the learned Fast Track Court at Magistrate Level-V, Saidapet, 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
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Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025 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 satisfaction of the learned Fast Track Court at Magistrate Level-V, Saidapet, 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 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.
9. Accordingly, this Criminal Miscellaneous Petition is ordered.
12.12.2025
mac
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Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
To
SUNDER MOHAN, J.
mac
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Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
Crl.M.P.No.23955 of 2025 in Crl.R.C.No.2734 of 2025
12.12.2025
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1 issue framed by the court
Should the four-month simple imprisonment sentence for cheque dishonour be suspended pending disposal of the criminal revision?
3 provisions across 3 enactments
K.Sundar
Mahalakshmi Anandan
Sunder Mohan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
