P.Senthil Vs P.Sengodan — Cheque Dishonour | Madras HC (2026)

P.Senthil Vs P.Sengodan — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

The Criminal Miscellaneous Petition was ordered: suspension of the sentence of imprisonment alone (imposed pursuant to the S.138 NI Act conviction confirmed in appeal), pending disposal of Crl.R.C.No.365 of 2026, conditional on deposit of 50% of the cheque amount to the credit of S.T.C.No.115 of 2022 within four weeks (to be fixed-deposited), execution of a Rs.10,000/- bond with two sureties each for a like sum, identity formalities, and monthly appearance before the Trial Court; default in deposit exposes the petitioner to commitment to custody.

Issue for consideration

Whether the sentence imposed on the petitioner pursuant to his conviction under Section 138 of the Negotiable Instruments Act (trial judgment dated 12.09.2024 in STC.No.115 of 2022, confirmed in Crl.A.No.188 of 2024 dated 28.04.2025) should be suspended pending disposal of Crl.R.C.No.365 of 2026, and on what conditions.

Court's answer

Having regard to the substantial grounds raised in the pending revision requiring consideration and the petitioner's willingness to deposit 50% of the cheque amount, the Court inclined to suspend the sentence imposed on the petitioner, subject to stated conditions.

Ratio / Principle

Condition (i)-(ii): the petitioner/Accused shall deposit 50% of the cheque amount to the credit of S.T.C.No.115 of 2022 before the Judicial Magistrate (FTC), Tiruchengode within four weeks; on such deposit the Trial Court shall redeposit the amount in a Fixed Deposit Account in a nationalised bank, renewable periodically, with disbursal to be decided at the culmination of the Criminal Revision Case.

Key takeaways

Condition (iii)-(iv): thereafter only the sentence of imprisonment is suspended, on the petitioner executing a bond for Rs.10,000/- with two sureties each for a like sum (printed as "likesum") to the satisfaction of the Judicial Magistrate (FTC), Tiruchengode; photographs, Left Thumb Impressions and identity documents (Aadhar card/Bank pass Book/mobile numbers) of petitioner and sureties to be affixed/obtained.ratio¶¶33
Condition (v): the petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m. until disposal of the revision; if unable to attend on a given day he shall file an application under Section 317 Cr.P.C. and appear on another day in lieu, as directed by the Trial Court.ratio¶¶35

Detailed headnote1 paragraphs

Sentence suspension under S.430 BNSS pending revision — Madras High Court (Sunder Mohan, J.), 17.02.2026. Crl.M.P.No.2705 of 2026 in Crl.R.C.No.365 of 2026 was ordered, suspending the sentence of imprisonment alone imposed on the petitioner convicted under Section 138 NI Act in STC.No.115 of 2022 (Judicial Magistrate (FTC), Tiruchengode, judgment dated 12.09.2024 — 2 months SI and Rs.5,00,000/- compensation), as confirmed by the II Additional District and Sessions Judge, Tiruchengode in Crl.A.No.188 of 2024 dated 28.04.2025. Grounds: substantial grounds raised in the pending revision and the petitioner's offer to deposit 50% of the cheque amount. Conditions: (i) deposit of 50% of the cheque amount (cheque/compensation Rs.5,00,000/-) to the credit of the STC within four weeks, to be redeposited in a Fixed Deposit in a nationalised bank with disbursal decided at the culmination of the Criminal Revision Case; (ii) bond of Rs.10,000/- with two sureties each for a like sum; (iii) photographs/thumb impressions and Aadhar/bank passbook/mobile-number verification; (iv) monthly appearance on the first working day at 10.30 a.m., absences coverable by a S.317 Cr.P.C. application; (v) on failure to deposit, the Trial Court may commit the petitioner to custody for undergoing the sentence.