M.S.Pachiyappan v. Vanmathi

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-02-2026 CORAM THE HON'BLE MR.JUSTICE SUNDER MOHAN CRL MP Nos. 3895 & 3896 of 2026 IN CRL RC NO. 510 of 2026 M.S.Pachiyappan ..Petitioner(s) in both Crl.MPs Vs C.Chandran (Died)

1.Vanmathi

2.Valarmathi.G

3.Vasumathi ..Respondent(s) in both Crl.MPs CRL MP No. 3895 of 2026 To suspend the sentence of punishment passed by the C.C.No.366 of 2018 dated 26.07.2023 before the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur against the petitioner/accused and the same was confirmed in Crl.A.No.85 of 2023 dated 06.01.2026 on the file of the learned Principal District and Sessions Judge, Chengalpattu and enlarge the petitioner on bail, till the disposal of the main Criminal Revision Petition. CRL MP No. 3896 of 2026 To exempt the petitioner from surrendering before the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur in C.C.No.366 of 2018 dated 26.07.2023. Page2 of 6 For Petitioner(s): Mr.B.Sundarapandiyan COMMON ORDER The petitioner has preferred the above revision challenging the judgment passed by the learned Principal District and Sessions Judge, Chengalpattu, in Crl.A.No.85 of 2023 dated 06.01.2026, 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 3 months S.I and to pay compensation of Rs.4,00,000/-, 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.

¶2It is the case of the respondents that the petitioner had issued a cheque for Rs.3,50,000/- towards discharge of liability; that when the said cheques was 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.

¶3The 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 Page3 of 6 liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit the 40% of the cheque amount i.e Rs.1,40,000/- to the credit of the C.C.No.366 of 2018 and prayed for suspension of sentence.

¶4Heard the learned counsel for the petitioner and perused the materials available on record.

¶5Having 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 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.1,40,000/- to the credit of C.C.No.366 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur, within a period of four weeks from the date of receipt of a copy of this order.

(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. Page4 of 6

(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, Fast Track Court (Magisterial Level), Alandur.

(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.

(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. Page5 of 6

¶6Accordingly, these Criminal Miscellaneous Petitions are ordered. 27-02-2026 (2/2) Index: Yes/No Speaking/Non-speaking order ANU To

¶1The Judicial Magistrate, Fast Track Court (Magisterial Level), Alandur

¶2The Principal District and Sessions Judge, Chengalpattu Page6 of 6

SUNDER MOHAN, J. ANU CRL MP Nos. 3895 & 3896 of 2026 IN CRL RC NO. 510 of 2026 27-02-2026