Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL MP Nos. 3878 & 3882 of 2026 IN CRL RC NO. 503 OF 2026 R.Jeevitha W/o. Duraimurugan, Rep By Its Power Agent, V. Duraimurugan, S/o. Vaiyapuri, D.No. 36, Tamil Mandram Street, Ganesapuram, Namakkal Taluk, Namakkal District. ..Petitioner(s) in both Crl.MPs Vs A.Natarajan S/o. Appu, D.No. 432/5, Anbu Nagar, Gorimedu, Kannankuruchi Post, Salem District. ..Respondent(s) in both Crl.MPs
To suspend the sentence of imprisonment imposed in the judgment
dated 26.03.2025 made in C.A.No.191 of 2024 on the file of the I Additional District Judge, Salem, confirming the conviction imposed in Judgment dated 03.07.2024 made in STC.No 96 of 2020 on the file of the Judicial Magistrate No.IV, Salem and enlarge the petitioner on bail pending disposal of the above revision petition.
Page1 of 6 CRL MP No. 3882 of 2026
To exempt the petitioner from surrendering before the trial court in pursuance to the judgement dated 26.03.2025 made in C.A.No.191 of 2024 on the file of the I Additional District Judge, Salem, confirming the conviction imposed in judgment dated 03.07.2024 made in STC.No.96 of 2020 on the file of the Judicial Magistrate No.IV, Salem pending disposal of the above Revision Petition.
For Petitioner(s): Mr.M.GURUPRASAD
COMMON ORDER
The petitioner has preferred the above revision challenging the judgment
passed by the learned I Additional District Judge, Salem, in C.A.No.191 of 2024 dated 26.03.2025, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him to undergo 1 year S.I and to pay compensation of Rs.2,40,000/- with interest at the rate of 9%, I/d. to undergo 2 months S.I. The instant petitions have been filed to suspend the sentence imposed on the petitioner and to exempt the petitioner from surrendering before the Trial Court, pending disposal of the above revision.
2. It is the case of the respondent that the petitioner had issued a cheque
for Rs.2,40,000/- towards discharge of liability; that when the said cheque was Page2 of 6 presented for collection, it was returned for the reason ‘Funds Insufficient’; that in spite of the statutory notice, the petitioner did not make the payment; and hence liable for the said offence.
3. The learned counsel for the petitioner would submit that the petitioner
has raised substantial grounds in the above revision; that the petitioner has rebutted the statutory presumption; that the judgment of the Courts below are liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit the entire cheque amount i.e Rs.2,40,000/- to the credit of the S.T.C.No.96 of 2020 and prayed for suspension of sentence.
4. Heard the learned counsel for the petitioner and perused the materials available on record.
5. 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 the entire cheque amount, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before the Trial Court, subject to the following conditions:
(i) The petitioner/accused shall deposit Rs.2,40,000/- to the credit of S.T.C.No.96 of 2020 on the file of the learned Judicial Magistrate No.IV, Salem, within a period Page3 of 6 of four weeks from the date of receipt of a copy of this
order.
(ii) On such deposit being made, the respondent is
permitted to withdraw the said amount upon him filing an affidavit of undertaking before the learned Metropolitan that if the petitioner succeeds in the above revision, he shall refund the same to the petitioner.
(iii) Thereafter, the sentence of imprisonment alone
imposed on the petitioner/accused shall be suspended, on his executing a bond a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No IV, Salem.
(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;
(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 he is not able to appear before the Trial Court on any day, he 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.
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(vi) On the failure of the petitioner/accused, depositing the above said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence.
6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 27-02-2026 (2/2) Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No ANU To
1. The I Additional District Judge, Salem
2. The Judicial Magistrate No.IV, Salem Page5 of 6
SUNDER MOHAN, J.
ANU CRL MP Nos. 3878 & 3882 of 2026 IN CRL RC NO. 503 OF 2026 27-02-2026 Page6 of 6