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A.Muthaiah v. N.Ravikumar

Madras HC14 Oct 2025CRL RC(MD)/1320/2025

Case brief

AI extract

What is this about?

S.138 NI Act conviction; suspension of sentence; 20% compensation deposit condition; BNSS 2023 S.438 r/w 442 criminal revision; Madras High Court Madurai Bench; Shamim Ahmed J.; CRL.R.C.(MD)No.1320 of 2025; 45 days time extension; cheque dishonour Rs.3,00,000 ICICI Bank Kochadai; Crl.A.No.132 of 2025; Crl.M.P.No.4117 of 2025; Principal Sessions Judge Madurai; bond Rs.10,000 two sureties; financial distress; no costs.

What did the court decide?

45 days further time from 14.10.2025 granted to the petitioner to deposit 20% of the compensation amount before the Judicial Magistrate Court (Fast Track Court), Madurai; failing which the Principal Sessions Judge, Madurai, may proceed in accordance with law. Criminal Revision Case finally disposed of; no costs. ¶38

A.Muthaiah Vs N.Ravikumar — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether condition No.1 imposed by the Principal Sessions Judge, Madurai, in the suspension-of-sentence order (deposit of 20% of the compensation amount) should be set aside as illegal. +1 more

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Court's answer

With the above directions (time extension, not disturbance of condition No.1), the Criminal Revision Case was finally disposed of; the file consigned to record; no costs.

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Ratio / Principle

This Court granted the petitioner 45 days further time from 14.10.2025 to deposit 20% of the compensation amount before the Judicial Magistrate Court (Fast Track Court), Madurai, as directed by the Principal Sessions Judge, Madurai, in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025 dated 09.09.2025.

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Key takeaways

If the petitioner fails to deposit the aforesaid amount within the time stipulated, the learned Principal Sessions Judge, Madurai, is at liberty to proceed in accordance with law against the petitioner.ratio¶38

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Shamim Ahmed, J. — CRL.R.C.(MD)No.1320 of 2025, decided 14.10.2025. Petitioner, convicted under S.138 NI Act by the Judicial Magistrate No.1 (FTC), Madurai (judgment dated 02.08.2025: one year simple imprisonment plus payment of cheque amount of Rs.3,00,000/-), was appealing in Crl.A.No.132 of 2025 before the Principal Sessions Court, Madurai. While suspending sentence (Crl.M.P.No.4117 of 2025, order dated 09.09.2025), the Principal Sessions Judge directed deposit of 20% of the compensation amount within a month, execution of a bond for Rs. 10,000/- with two sureties, and personal appearances. Challenging condition No.1 through this revision petition filed under Ss.438 r/w 442 BNSS, 2023, and citing financial distress, the petitioner sought additional time. The High Court did not strike down the condition; it granted 45 days' further time to deposit the 20% amount, failing which the Principal Sessions Judge was left free to proceed in accordance with law. Revision case finally disposed of; no costs. No precedent was cited or discussed.

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CRL.R.C.(MD)No.1320 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.10.2025

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CORAM

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THE HONOURABLE MR.JUSTICE SHAMIM AHMED

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CRL.R.C.(MD)No.1320 of 2025

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A.Muthaiah, S/o.M.R.Alagar Samy, No.19, Ammatchiyamman Kovil Street, Kochadai, Madurai 625 016. ... Petitioner

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vs.

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N.Ravikumar, S/o.Narasingamoorthy, No.14/05, Singampidari Kovil 1^st Street, Konnavayan Salai, Madurai 18. ... Respondent

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PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records relating to the impugned order passed in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025 dated 09.09.2025 on the file of the Principal Sessions Court, Madurai and set aside the same as illegal.

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

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CRL.R.C.(MD)No.1320 of 2025

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O R D E R

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The present Criminal Revision Petition has been filed with the

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following prayer:

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“to call for the records relating to the impugned order passed in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025 dated 09.09.2025 on the file of the Principal Sessions Court, Madurai and set aside the same as illegal.”

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2.Heard Mr.S.M.Kadhar, learned Counsel for the petitioner.

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3.The short facts of the case, which are necessary for disposal of the present Criminal Revision Case, are as follows:-

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a)The petitioner has borrowed a loan of Rs.3,00,000/- from the respondent for his business development on 01.10.2018 agreeing to repay the same within a period of three months and had issued a cheque bearing No.308144 drawn at ICICI Bank, Kochadai Branch, Madurai in favour of the complainant for a sum of Rs.3,00,000/-. When the respondent has presented the cheque for collection, the same was returned with an endorsement "Funds insufficient". The respondent has

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

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CRL.R.C.(MD)No.1320 of 2025

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sent a legal notice on 29.08.2019 to the petitioner demanding repayment of the amount covered by the cheque and the same was received by the petitioner on 30.08.2019. However, the petitioner has neither given a reply nor repaid the loan amount. Therefore, the respondent has filed a private complaint for the offence under Section 138 of Negotiable Instruments Act, 1881, against the petitioner.

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b)The learned Judicial Magistrate No.1, (FTC), Madurai, upon considering the evidence both oral and documentary and on hearing the arguments of both the sides, has passed a judgment dated 02.08.2025 convicting the petitioner for the offences under Section 138 of the Negotiable Instruments Act, 1881, and sentenced him to undergo simple imprisonment for a period of one year and also directed to pay the cheque amount of Rs.3,00,000/-, in default, to undergo simple imprisonment for a period of three months. Challenging the above said conviction and sentence, the petitioner has filed an appeal in Crl.A.No.132 of 2025 on the file of the Principal Sessions Court, Madurai, and the learned Principal Sessions Judge, Madurai, while granting suspension of sentence in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025, vide order, dated 09.09.2025, had issued the following directions:

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

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CRL.R.C.(MD)No.1320 of 2025

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“1.The petitioner is directed to deposit 20% of the compensation amount before the learned Judicial Magistrate No1., Fast Track Court, Madurai, within a month.

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2.Thereafter, the petitioner shall execute a bond for Rs. 10,000/- with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate No.1, Fast Track Court, Madurai.

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3.The petitioner/accused shall appear before the V Additional District and Sessions Judge, Madruai, on 09.10.2025 and on further hearings without fail.”

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4.Aggrieved by the condition No.1 imposed by the learned Principal Sessions Judge, Madurai, vide order, dated 09.09.2025, in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025, the petitioner has preferred the present Criminal Revision Case.

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5.Today, when the matter is being taken up, the learned Counsel for the petitioner submits that the petitioner is ready to deposit 20% of the compensation amount, as directed by the learned Principal Sessions Judge, Madurai and for that purpose, the petitioner may be given some further time, as he is undergoing some financial distress.

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6.After considering the arguments, as advanced by the learned Counsel for the petitioner and after perusal of the order passed by the

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

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CRL.R.C.(MD)No.1320 of 2025

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learned Principal Sessions Judge, Madurai, in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025 dated 09.09.2025, this Court grants 45 days further time from today to the petitioner to deposit 20% of the compensation amount, as directed by learned Principal Sessions Judge, Madurai, in Crl.M.P.No.4117 of 2025 in Crl.A.No.132 of 2025 dated 09.09.2025, before the Judicial Magistrate Court (Fast Track Court), Madurai. In case, if the petitioner fails to deposit the aforesaid amount within the time stipulated by this Court, the learned Principal Sessions Judge, Madurai, is at liberty to proceed in accordance with law against the petitioner.

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7.With the above directions, this Criminal Revision Case is finally

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disposed of . The file consigned to record. No costs.

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Index :Yes / No 14.10.2025 Internet :Yes / No NCC :Yes / No cmr

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

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CRL.R.C.(MD)No.1320 of 2025