Udhayarani Vs M/s.G.R.Credit — Cheque Dishonour | Madras HC (2026)

Udhayarani Vs M/s.G.R.Credit — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

Suspension of sentence, enlargement on bail and exemption from surrendering before the trial Court, on conditions (deposit of 50% of cheque amount within four weeks; deduction of amounts already paid; bail bond of Rs.10,000/- with two sureties; photographs/left thumb impression and Aadhaar or bank pass book identity verification; monthly appearance; Section 317 Cr.P.C./355 B.N.S.S route for absence), till disposal of Crl.RC(MD)No.160 of 2026.

Issue for consideration

Whether the sentence imposed on the petitioner in C.C.No.755 of 2018 (confirmed in Crl.A.No.16 of 2024) should be suspended, with enlargement on bail and exemption from surrender, pending disposal of Crl.RC(MD)No.160 of 2026.

Court's answer

Suspension of sentence, bail and exemption from surrender granted till disposal of the above Criminal Revision, the Court considering that there are arguable points raised in the revision and that it is likely to take a while before the revision is finally heard.

Ratio / Principle

Condition (i): petitioner directed to deposit 50% of cheque amount to the credit of C.C.No.755 of 2018 dated 10.07.2023 on the file of the Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur, within four weeks from receipt of a copy of the order.

Key takeaways

On failure to deposit, the sentence suspended shall stand automatically vacated and the respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law.ratio¶35
Any amount already paid shall be deducted while reckoning the 50% of cheque amount directed in clause (i).ratio¶36
On such deposit, petitioner to be enlarged on bail on executing a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum, to the satisfaction of the Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur.

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench), Mohammed Shaffiq, J., common order dated 02-02-2026 in Crl.M.P.(MD)Nos.1951 & 1953 of 2026 in Crl.RC(MD)No.160 of 2026: allowed petitioner Udhayarani's applications for suspension of sentence, bail and exemption from surrender pending disposal of her revision against conviction under Section 138 of the Negotiable Instruments Act (one year Simple Imprisonment and compensation of Rs.3,03,750/- imposed by the Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur in C.C.No.755 of 2018 dated 10.07.2023, confirmed by the District and Sessions Judge, Karur in Crl.A.No.16 of 2024 dated 16.09.2025). Relief conditioned on: deposit of 50% of cheque amount within four weeks (default automatically vacates the suspension and leaves the respondent free to execute the sentence), deduction of amounts already paid, bail bond of Rs.10,000/- with two sureties, photographs/left thumb impression and Aadhaar card or bank pass book identity verification, monthly appearance before the trial Court, and recourse to Section 317 Cr.P.C. (corresponding to 355 B.N.S.S) for unavoidable absence. Reliance placed on Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663.

CRL MP(MD) Nos.1951 & 1953 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-02-2026

CORAM

THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ

CRL MP(MD) Nos.1951 & 1953 of 2026 IN

CRL RC(MD) No.160 of 2026

Udhayarani

Petitioner(s) in both petitions

Vs

M/s.G.R.Credit Rep by its Managing Partner G.Ravishankar S/o.Ganapathi No.84-Aarthi Towers Vaiayapuri Nagar, Karur.

Respondent(s) in both petitions

For Petitioner(s):

Mr.A.Saran Kumar

Prayer for Crl.M.P(MD)No.1951/2026:

To suspend the sentence imposed upon the petitioner in Crl.A.No.16/2024 dated 16.09.2025 on the file of the District and Sessions Judge, Karur which is confirmed judgment passed in CC.No.755/2018 dated 10.07.2023 on the file of the learned Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur and enlarge the petitioner on bail pending disposal of above Criminal Revision Case.

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CRL MP(MD) Nos.1951 & 1953 of 2026

Prayer for Crl.M.P(MD)No.1953/2026:

To grant Exemption to the petitioner to surrender in Crl.A.No.16/2024 dated 16.09.2025 on the file of the District and Sessions Judge, Karur which is confirmed judgment passed in CC.No.755/2018 dated 10.07.2023 on the file of the learned Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur pending disposal of the above Criminal Revision case.

COMMON ORDER

Heard Mr.A.Saran Kumar, learned Counsel for the petitioner.

2.Criminal Miscellaneous Petitions have been filed praying to suspend the sentence imposed upon petitioner by Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur in C.C.No.755 of 2018 dated 10.07.2023, which was confirmed by District and Sessions Judge, Karur in Crl.A.No.16 of 2024, dated 16.09.2025 and to exempt the petitioner from surrendering before the Court below.

3.Learned counsel for petitioner would submit that petitioner was convicted by Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur for offence under Section 138 of the Negotiable Instruments Act in C.C.No.755 of 2018 dated 10.07.2023 and sentenced to undergo one year Simple Imprisonment and to pay compensation of Rs.3,03,750/- to respondent within a period of one month, in-defult, to undergo one month simple imprisonment. Aggrieved, petitioner filed criminal appeal in Crl.A.No.16

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CRL MP(MD) Nos.1951 & 1953 of 2026

of 2024 before District and Sessions Judge, Karur and the lower Appellate Court, by the judgment dated 16.09.2025 dismissed the appeal confirming the conviction and sentence passed by the trial Court. Aggrieved, petitioner filed Crl.R.C.(MD)No.160 of 2026 before this Court along with the instant miscellaneous petitions seeking suspension of sentence, bail and exemption from surrender.

4.Learned Counsel for petitioner would further submit that petitioner has raised substantial grounds in the above revision, which requires consideration; and that to show his bonafides, petitioner is willing to deposit 50% of the cheque amount, before the trial Court. Hence, he prayed for granting suspension of sentence to the petitioner.

5.Considering the fact that there are arguable points raised in revision and taking into consideration, facts and circumstances of the case and that it is likely to take a while before the revision is finally heard¹ , this Court is inclined to grant suspension of sentence, bail and exempt the petitioner from surrendering before the trial court, on the following conditions, till the disposal of the above Criminal Revision:

i) Petitioner is directed to deposit 50% of cheque amount to the credit of C.C.No.755 of 2018 dated 10.07.2023 on the file of Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur, within a period of four weeks from the date of receipt of a copy of this order, failing which the sentence suspended shall stand automatically 1 Atul Alias Ashutosh vs State of Madhya Pradesh, (2024) 3 SCC 663

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CRL MP(MD) Nos.1951 & 1953 of 2026

vacated and respondent is at liberty to execute the sentence imposed by the trial Court against the petitioner in the manner known to law;

(ii) Any amount already paid shall be deducted while reckoning 50% of cheque amount directed in clause (i);

(iii) On such deposit, petitioner is directed to be enlarged on bail on her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur;

iv) Petitioner and sureties shall affix their photographs and Left Thumb Impression in the bond and the above said Court may obtain a copy of their Aadhaar card or Bank pass Book to ensure their identity;

v) Petitioner shall appear and sign before Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur, on the first working day of every month at 10.30 a.m., until the disposal of the revision;

vi) In case, petitioner 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. (corresponding to 355 B.N.S.S) and shall appear before the trial Court on any other day in lieu of the date of her absence, as directed by the trial Court.

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CRL MP(MD) Nos.1951 & 1953 of 2026

6.Accordingly, these Criminal Miscellaneous Petitions are ordered .

02-02-2026

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CRL MP(MD) Nos.1951 & 1953 of 2026

MOHAMMED SHAFFIQ, J.

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To

1.The Judicial Magistrate, Fast Track Court @ Magistrate Level, Karur

2.The District and Sessions Judge, Karur.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.M.P.(MD)Nos.1951 & 1953 of 2026 in Crl.RC(MD).No.160 of 2026

02.02.2026

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