T. Mohanraj Vs v. Rajan

PRAYER in CRL MP No. 2384 of 2026 : Criminal Miscellaneous Petition filed under Section 438(1) of BNSS, 2023, to suspend the sentence imposed on the petitioner in C.A.No.77 of 2024 dated 27.06.2025 passed by the learned Principal District and Sessions Judge, Coimbatore as confirming the Judgment of the learned Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore in C.C.No.474 of 2015 dated 11.10.2018 and enlarge the petitioner on bail pending disposal of the above criminal revision petition.

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PRAYER in CRL MP No. 2386 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023, to exempt from his surrender in C.A.No.77 of 2024 dated 27.06.2025 passed by the learned Principal District and Sessions Judge, Coimbatore as confirming the Judgment of the learned Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore in CC.No.474 of 2025 dated 11.10.2018.

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For Petitioner(s): Mr.S.N. Arun Kumar ORDER

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Negotiable Instruments Act, and sentencing him to undergo simple

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imprisonment for a period of six months, with a default sentence of simple imprisonment for two months besides directing the petitioner to pay

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suspend the sentence imposed on the petitioner and a lso to exempt him from

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surrendering before the trial Court, pending disposal of the Criminal Revision Case.

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It is the case of the respondent that the petitioner had issued two cheques each for a sum of Rs.5,00,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating ‘Kindly Contact Drawer’; that in spite of the statutory notice, the petitioner did not make the payment; and hence liable for the said offence.

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The learned counsel for the petitioner would submit that the petitioner

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Heard the learned counsel for the petitioner and perused the materials

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available on record.

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Having regard to the submission made by the learned counsel for the

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petitioner that there are substantial grounds raised in the above revision which require consideration, and the fact that the petitioner is willing to deposit a sum of Rs.6,00,000/- towards the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner and exempte d him from surrendering before the trial Court , subject to the following conditions:

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(i) The petitioner/Accused shall deposit a sum of Rs.6,00,000/- [Rupees Six Lakhs Only] towards the cheque amount to the credit of C.C.No.474 of 2015 on the file of learned Judicial Magistrate, Fast Track Court-I at Magisterial Level, Coimbatore, within a period of four weeks from the date of receipt of a copy of this order;

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(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;

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(iii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on him executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Fast Track

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Court-I at Magisterial Level, Coimbatore;

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(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;

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(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 she is not able to appear before the Trial Court on any day, she 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

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13-02-2026 (2/2)

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Mac

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Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No

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