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D.Sathyanarayanan v. v.Raja

Madras HC20 Jan 2026CRL MP/489/2026

Case brief

AI extract

What is this about?

Suspension of sentence; Crl.M.P. in Crl.R.C.; Section 438 BNSS; Section 317 Cr.P.C.; cheque dishonour; 'Instruments Act' (reference truncated in source); 40% deposit condition; fixed deposit of deposited amount; bond Rs.10,000/- with two sureties; monthly appearance before trial court; Metropolitan Magistrate Fast Track Court-II Egmore; C.C.No.7968 of 2018; Crl.R.C.No.77 of 2026; Madras High Court; Sunder Mohan J.; interim relief pending criminal revision.

What did the court decide?

Suspension of the six-month simple imprisonment sentence imposed in C.C.No.7968 of 2018 pending disposal of Crl.R.C.No.77 of 2026, subject to deposit of 40% of the cheque amount (to be kept in fixed deposit), execution of a bond for Rs.10,000/- with two sureties, identity formalities, and monthly appearance before the Trial Court. ¶25

D.Sathyanarayanan Vs v.Raja — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the sentence of six months' simple imprisonment imposed on the petitioner in C.C.No.7968 of 2018 should be suspended pending disposal of Crl.R.C.No.77 of 2026.

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Court's answer

Having regard to the submission that substantial grounds are raised in the pending revision requiring consideration, and the petitioner's willingness to deposit 40% of the cheque amount, the Court inclined to suspend the sentence imposed on the petitioner, subject to conditions.

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Ratio / Principle

Condition (i)-(ii): the petitioner/Accused shall deposit 40% of the cheque amount to the credit of C.C.No.7968 of 2018 within four weeks; the Trial Court shall redeposit the amount in a Fixed Deposit Account in a nationalised bank, disbursal to be decided at the culmination of the Criminal Revision Case.

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Key takeaways

Condition (iii): on such deposit, the sentence of imprisonment alone imposed on the petitioner/Accused stands suspended on his executing a bond for Rs.10,000/- with two sureties each for a likesum.ratio¶28
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, with liberty to file an application under Section 317 Cr.P.C. and appear on another day in lieu of any absence.ratio¶33

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J.) allowed Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026, filed under Section 438 of BNSS, and suspended the six-month simple imprisonment (with default sentence) awarded on 13.03.2024 by the Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam, Chennai-3 in C.C.No.7968 of 2018 (cheque-dishonour case; cheque of Rs.4,50,000/- returned 'Funds Insufficient'), pending disposal of the Criminal Revision Case. Suspension conditioned on: deposit of 40% of the cheque amount to the credit of the trial case within four weeks and its redeposit in a nationalised-bank fixed deposit; execution of a bond for Rs.10,000/- with two sureties each for a likesum (with photograph, thumb impression and identity proof); and appearance before the Trial Court on the first working day of every month at 10.30 a.m., with liberty to invoke Section 317 Cr.P.C. for any absence.

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Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 20.01.2026

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CORAM

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THE HONOURABLE MR JUSTICE SUNDER MOHAN

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Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026

D. Sathyanarayanan

...Petitioner

-vs-

V. Raja ...Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 438 of BNSS, to suspend the sentence of 6 months of simple imprisonment passed in C.C.No.7968 of 2018 dated 13.03.2024 by the learned Metropolitan Magistrate, Fast Track Court, II, Egmore @ Allikulam, Chennai-3 pending disposal of the above Criminal Revision Case.

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For Petitioner : Mr.S.Selvaraj

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ORDER

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Page No.1/5

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

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Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026

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Instruments Act, and sentencing him to undergo simple imprisonment for a

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period of six months, with a default sentence of simple imprisonment for

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It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.4,50,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating ‘Funds Insufficient’; 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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Heard the learned counsel for the petitioner and perused the

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Page No.2/5

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

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Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026

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materials available on record.

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Having regard to the submission made by the learned counsel for the petitioner that there are substantial grounds raised in the above revision which require consideration, and the fact that the petitioner is willing to deposit 40% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions:

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(i) The petitioner/Accused shall deposit 40% of the cheque amount to the credit of C.C.No.7968 of 2018 on the file of learned Metropolitan Magistrate, Fast Track Court - II, Egmore @ Allikulam, Chennai - 3, 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 Page No.3/5

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

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Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026

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each for a likesum to the satisfaction of the learned Metropolitan Magistrate, Fast Track Court - II, Egmore @ Allikulam;

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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

20.01.2026 (2/2)

Mac

Page No.4/5

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

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Crl.M.P.No.489 of 2026 in Crl.R.C.No.77 of 2026

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SUNDER MOHAN, J.