A.Susila Ammal Vs Vinay Jain — Cheque Dishonour | Madras HC (2026)

A.Susila Ammal Vs Vinay Jain — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

Suspension of the sentence of imprisonment imposed on the petitioner (nine months Simple Imprisonment with a default clause of three months further Simple Imprisonment), pending disposal of Crl.R.C.No.131 of 2026, conditional on deposit of Rs.1,00,00,000/- to the credit of S.T.C.No.3858 of 2022 within six weeks, redeposit of that amount in fixed deposit, execution of a bond for Rs.10,000/- with two sureties, and monthly appearances before the Trial Court.

Issue for consideration

Whether the sentence of imprisonment imposed on the petitioner in Crl.A.No.832 of 2024 should be suspended pending disposal of Crl.R.C.No.131 of 2026.

Court's answer

Given the substantial grounds raised in the revision requiring consideration and the petitioner's willingness to deposit Rs.1 crore, this Court inclined to suspend the sentence imposed on the petitioner, subject to conditions.

Ratio / Principle

Condition (i): the petitioner/Accused shall deposit Rs.1,00,00,000/- (Rupees One Crore only) to the credit of S.T.C.No.3858 of 2022 within six weeks from receipt of a copy of the order.

Key takeaways

Condition (ii): on such deposit, the Trial Court shall redeposit the amount in a Fixed Deposit Account in a nationalized bank, renewable periodically; disbursal to be decided at the culmination of the Criminal Revision Case.ratio¶31
Condition (iii): thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on executing a bond for Rs.10,000/- with two sureties each for a likesum.ratio¶32
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; absence to be covered by an application under Section 317 Cr.P.C.

Detailed headnote1 paragraphs

Madras High Court (Sunder Mohan, J.) allowed Crl.M.P.No.793 of 2026 filed under Section 430(2) BNSS in Crl.R.C.No.131 of 2026 and suspended, pending the revision, the sentence of imprisonment imposed by the III Additional Sessions Court, Chennai in Crl.A.No.832 of 2024 (dated 28.11.2025), which had confirmed the petitioner's conviction dated 18.10.2024 in S.T.C.No.3858 of 2022 (Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai) under Section 138 of the Negotiable Instruments Act — nine months' Simple Imprisonment plus compensation of Rs.3,09,49,975/- with interest at 3% per annum, in default three months' further Simple Imprisonment. Suspension made conditional on: (i) deposit of Rs.1,00,00,000/- (Rupees One Crore only) to the credit of S.T.C.No.3858 of 2022 within six weeks; (ii) redeposit of that amount in a Fixed Deposit Account with a nationalized bank, disbursal to be decided at the culmination of the Criminal Revision Case; (iii) suspension of the sentence of imprisonment alone on execution of a bond for Rs.10,000/- with two sureties each for a likesum; (iv) identity verification of petitioner and sureties; (v) monthly appearances before the Trial Court on the first working day of every month at 10.30 a.m., absence excusable through an application under Section 317 Cr.P.C.; and (vi) on failure to deposit, the Trial Court may commit the accused to custody to undergo the sentence. Counsel for the petitioner submitted that she had obtained only a loan of Rs.1,40,00,000/- (mortgage deed dated 29.03.2014 and supplementary mortgage deed dated 16.04.2014), that the three cheques for Rs.3,09,49,975/- were given as security and misused, that she had already deposited Rs.38,82,435/-, and she filed an affidavit undertaking to settle the entire outstanding principal of Rs.1,40,00,000/- with reasonable interest after adjusting amounts already credited.