K.Muruganandam v. V.Raja

ORDER The petitioner has preferred the above revision challenging the judgment passed by the learned Principal District and Sessions Judge, Thiruvarur in Crl.A.No.23 of 2024 dated 04.11.2025, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo two years simple imprisonment and to pay compensation of Rs.9,00,000/- and in default to undergo further period of one month simple imprisonment. The instant petition has been filed to suspend the sentence imposed on the petitioner. Page2 of 5

¶2It is the case of the prosecution that the petitioner had issued a cheque for a sum of Rs.9,00,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned for the reason 'Insufficient Funds'; 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 liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit 50% of the cheque amount.

¶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 50% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions:

(i) The petitioner/Accused shall deposit 50% of the cheque amount to the credit of C.C.No. 3 of 2022 on the file of Judicial Magistrate Court, Thiruthuraipoondy within a period of four weeks Page3 of 5 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;

(iii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on his executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the Trial Court;

(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; and

(vi) On the failure of the petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence. Page4 of 5

¶6Accordingly, this Criminal Miscellaneous Petition is ordered. 27-03-2026 Index: Yes/No Speaking/Non-speaking order NSL To

¶1The Judicial Magistrate Court, Thiruthuraipoondy.

¶2The Principal District and Sessions Judge, Thiruvarur. CRLoMPoNo.o5554oofo2026 C.KUMARAPPAN,oJ. NSL CRLoMPoNo.o5554oofo2026 IN CRLoRCoNO.o726oOFo2026 27-03-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-03-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN IN CRL RC NO. 726 OF 2026 K.Muruganandam ..Petitioner Vs V.Raja ..Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438(1) of BNSS Act, 2023 to suspend the sentence imposed in judgement in C.C.No. 3 of 2022 dated 27.06.2024 passed by the Judicial Magistrate Court, Thiruthuraipoondy and confirming the judgement in Crl.A.No.23 of 2024 dated 04.11.2025 passed by the Principal District and Sessions Judge, Thiruvarur. For Petitioner: Mr.S.Sekar