A.Mohammed Farook Vs M/s.Anand Kumar Surana and Sons

M/s. Anand Kumar Surana and Sons, HUF Kartha, A. Anand Kumar, Represented by its Power Agent, P. Vinodh Kumar Surana, S/o.K.Prakash Mal, “Sankeshwara Tower” No.22, Ramanan Road, Sowcarpet, Chennai - 600 079.

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...Respondent

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PRAYER : Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, to suspend the sentence imposed on him in Crl.A.No.251 of 2025 on the file of the XV Additional Sessions Judge, City Civil Court, Chennai dated 11.12.2025 confirming the judgment in CC.No.907 of 2020 by the III Metropolitan Magistrate, George town, Chennai District dated 28.01.2025 pending and disposal of Criminal Revision Case and enlarged the petitioner on bail.

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For Petitioner : Mr.C.Raja

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Page No.1/6

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

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ORDER

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Crl.M.P.No.556 of 2026 in Crl.R.C.No.90 of 2026

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It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.4,29,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned stating ‘Refer to 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

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Page No.2/6

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

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Crl.M.P.No.556 of 2026 in Crl.R.C.No.90 of 2026

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petitioner has rebutted the statutory presumption; that the judgment of the

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Courts below are liable to be set aside; and that, to show his bona fides, the

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Heard the learned counsel for the petitioner and perused the 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.907 of 2020 on the file of learned III-Metropolitan Magistrate, George Town, Chennai, 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 Page No.3/6

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

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Crl.M.P.No.556 of 2026 in Crl.R.C.No.90 of 2026 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 III -Metropolitan Magistrate, George Town, Chennai;

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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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Page No.4/6

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

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Crl.M.P.No.556 of 2026 in Crl.R.C.No.90 of 2026

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petitioner/accused into custody for undergoing the sentence.

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20.01.2026

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(2/2)