Pawan Kumar Lodha Jain v. Vinoth Kumar Jain

ORDER

¶1This Criminal Miscellaneous Petition is filed praying to suspend the sentence of imprisonment and compensation passed against the petitioner in the Crl A. No. 1144 of 2025 dated 04-03-2026 by the learned XIX Additional City Civil Court, Chennai confirming the order passed in CC No. 1327 of 2021 dated 31-01-2024 by the Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai and enlarge the petitioner on bail pending disposal of the Criminal Revision Case.

¶2This is the case arises out of the conviction of the petitioner for the offence under Sec. 138 of the Negotiable Instruments Act. The petitioner was originally sentenced to undergo simple imprisonment for the period of one year and was also ordered to pay the cheque amount as compensation by the trial court viz., the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulum. As against the same, the petitioner had filed Crl. A. No. 1144 of 2025 and by the judgment dated 04.03.2026 the learned XIX Additional Judge, City Civil Court, Chennai dismissed the appeal and confirmed the conviction and sentence on the petitioner. Subsequently, when this matter came up before Page3 of 6 this Court, at the SR stage, the petitioner was granted time to deposit 50% of the cheque amount as compensation.

¶3The learned counsel for petitioner would submit that even though the order was passed on 19.06.2026, only after obtaining the copy of the order, they could have approached the civil court and by the time, they have received the copy of the order on 14.07.2026. Thereafter, the time had already been granted expired and the petitioner is now said to be in jail. In view thereof, the learned counsel for the petitioner would submit that actually, this Court while passing the order meant only 50% of the cheque amount, however it is mentioned as 50% of the compensation amount twice the cheque amount has been levied as compensation.

¶4In view of the fact that the matter is listed before me on account of the fact that the Hon'ble Judge is not sitting today, I am not in a position to decide what was the exact amount, which was directed to be deposited. But however, considering the fact that the petitioner is ready with the Demand Draft bearing No.383309 drawn on Karur Vysya Bank, Chennai for the sum of Rs. 2,18,000/-, the following order is granted.

¶5Considering the fact that the petitioner is in jail and the conviction and sentence imposed on the petitioner CC No.1327 of 2021 by the judgement dated Page4 of 6

31.01.2024 by the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikkulam, Chennai as confirmed by the judgement dated 04.03.2026 in Crl. Appeal No.1144 of 2025 by the learned XIX Additional Judge, City Civil Court, Chennai shall stand suspended and the petitioner shall be enlarged on bail on the following conditions :-

(i) the demand draft bearing No.383309 drawn on Karur Vysya Bank, Chennai for the sum of Rs. 2,18,000/- shall be deposited before the trial court within 7 working days from today.

(ii) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties each for a like sum to the satisfaction of the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai;

(iii) the petitioner shall deposit further sum, if any as may be directed by this Court in future;

(iv) the petitioner shall sign before the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai on the first working day of every month until the disposal of the Criminal Revision Case 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 355 of BNSS, 2023 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;. Page5 of 6

(v) 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;

¶6List the main petition in Crl.R.C.No.1514 of 2026 on 14.08.2026. 23-07-2026 RPP N.B. : Issue order copy on 24.07.2026 To

¶1The XIX Additional Judge, City Civil Court, Chennai.

¶2The Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai.

¶3The Superintendent of Prison, Central Prison, Puzhal. CRLoMPoNO.o13144oOFo2026 INoCRLoRCoNo.o1514oofo2026 D.BHARATHAoCHAKRAVARTHYoJ. RPP CRLoMPoNO.o13144oOFo2026 AND CRLoRCoNo.o1514oofo2026 23-07-2026 Page6oofo6

Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY AND CRL RC No. 1514 of 2026 Pawan Kumar Lodha Jain C/o. Seema Lodha, No.21/43, Vellalar Street, Purasawaikam, Chennai-600 084. ..Petitioner(s) Vs Vinoth Kumar Jain S/o. Bhanwar Lal Jain, No.647, Poonamallee High Road, Aminjikarai, Chennai-600 029. ..Respondent(s) PRAYER IN CRL MP No. 13144 of 2026 Criminal Miscellaneous Petition filed under Sec.430 (1) of B.N.S.S. 2023, praying to suspend the sentence of imprisonment and compensation passed against the petitioner in the Crl A. No. 1144 of 2025 dated 04-03-2026 by the learned XIX Additional City Civil Court, Chennai confirming the order passed in CC No. 1327 of 2021 dated 31-01-2024 by the Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai and enlarge the petitioner on bail pending disposal of the Criminal Revision Case. PRAYER IN CRL RC No. 1514 of 2026 Criminal Revision Case filed under Sec.438 r/w 442 of B.N.S.S. 2023, praying to call for the records and set aside the judgment dated 04-03-2026 passed in Criminal Appeal No. 1144/2025 by the learned XIX Additional Judge, City Civil Court, Chennai, confirming the judgment of conviction and sentence Page2 of 6 dated 31-1-2024 passed in CC No. 1327/2021 by the learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai. For Petitioner(s): Mr. Srenik S.Jain