S.S.Sheik Ajmul Vs Shankars Farm — Madras HC (2026) — LawSathi Research

S.S.Sheik Ajmul Vs Shankars Farm — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both Criminal Miscellaneous Petitions ordered: the sentence imposed on the petitioner is suspended and the petitioner is exempted from surrendering before the trial Court pending disposal of Crl.R.C.No.413 of 2026, subject to deposit of 30% of the cheque amount within four weeks, fixed-deposit redeposit of that amount, execution of a bond for Rs.10,000/- with two sureties each for a like sum, identity formalities, and monthly appearances before the Trial Court.

Issue for consideration

Whether the sentence imposed on the petitioner/accused — simple imprisonment of eight months and compensation of Rs.12,00,000/- with interest at 3% per annum — passed in C.C.No.2257 of 2008 and confirmed in Crl.A.No.322 of 2025, should be suspended pending disposal of Crl.R.C.No.413 of 2026. +1 more

Court's answer

Having regard to the substantial grounds raised in the pending revision which require consideration, and the fact that the petitioner is willing to deposit 30% of the cheque amount, the Court was inclined to suspend the sentence imposed on the petitioner pending disposal of the Criminal Revision Case.

Ratio / Principle

Suspension was made subject to conditions: (i) the petitioner/Accused shall deposit 30% of the cheque amount to the credit of C.C.No.2257 of 2008 within four weeks; (ii) the Trial Court shall redeposit that amount in a Fixed Deposit Account in a nationalised bank, with disbursal to be decided at the culmination of the Criminal Revision Case; (iii) thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused stands suspended upon his executing a bond for Rs.10,000/- with two sureties each for a like sum; and (iv) the petitioner and sureties shall affix photographs and left thumb impressions in the surety bond, with Aadhaar card or bank pass book obtained to ensure identity.

Key takeaways

The petitioner was exempted from surrendering before the trial Court pending disposal of the Criminal Revision Case, subject to his appearing 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 appear on a given day, he may file an application under Section 317 Cr.P.C. and appear on another day in lieu, as directed by the Trial Court.ratio¶43
On the petitioner's failure to deposit the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.ratio¶47-48

Detailed headnote1 paragraphs

Crl.M.P.Nos.3157 and 3158 of 2026 in Crl.R.C.No.413 of 2026 — High Court of Judicature at Madras (Sunder Mohan, J.), 20-02-2026: Petitions under S.430(1) and S.528 of BNSS, 2023 seeking (i) suspension of the sentence imposed on the petitioner/accused — eight months' simple imprisonment and compensation of Rs.12,00,000/- with interest at 3% per annum — by order dated 10.02.2025 in C.C.No.2257 of 2008 (Metropolitan Magistrate, Fast Track Court - IV, George Town, Chennai), confirmed on 22.01.2026 in Crl.A.No.322 of 2025 (XIX Additional City Civil Court, Chennai), arising from two cheques of Rs.6,00,000/- each returned 'Funds Insufficient' with payment not made despite statutory notice; and (ii) exemption of the petitioner from surrendering before the trial Court pending the revision. Ordered, subject to conditions: deposit of 30% of the cheque amount to the credit of C.C.No.2257 of 2008 within four weeks; redeposit in a fixed deposit with a nationalised bank, disbursal deferred to the culmination of the revision; thereafter suspension of the sentence of imprisonment alone upon a bond of Rs.10,000/- with two sureties each of like sum (photographs, left thumb impressions and Aadhaar/bank-passbook verification); monthly appearances before the Trial Court on the first working day of each month at 10.30 a.m., with recourse to S.317 Cr.P.C. for absence; and liberty to the Trial Court to commit the petitioner/accused to custody on failure to deposit the said amount.