Sumti A.Challani v. C.Mahalingam

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR in Crl.R.C.No.1673 of 2026

1.Sumti A. Challani, Partner,

2.M/s.Challani Ranka Jewellery, Represented by its Partner & Authorized, Signatories Sumti A.Challani, Office at Door No.119, NSC Bose Road, First Floor, Sowcarpet, Chennai – 600 079. ..Petitioners Vs C.Mahalingam ..Respondent PRAYER in Crl.M.P.No.15016 of 2026: Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence of imprisonment imposed on the petitioner in the judgment dated 23.07.2026 made in Crl.A.No.188 of 2023 on the file of the learned I Additional District and Sessions Judge, Tiruvallur, confirming the judgment dated 30.06.2023 made in STC.No.19 of 2019 on the file of the learned Fast Track Court at Magisterial Level, Tiruvallur, and enlarge the petitioners on bail pending disposal of the above criminal revision case. PRAYER in Crl.M.P.No.15019 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exemption from surrendering before the Trial Court pursuant to the judgment dated 23.07.2026 made in Crl.A.No.188 of 2023 on the file of the learned I Additional District and Sessions Judge, Tiruvallur, confirming the judgment dated 30.06.2023 made in STC.No.19 of 2019 on the file of the learned Fast Track Court at Magisterial Level, Tiruvallur, pending disposal of the above criminal revision case. For Petitioners: Mr.G.C.Nelson Brito for M/s.Veera Thulasi COMMON ORDER These Criminal Miscellaneous Petitions are filed seeking suspension of the sentence imposed by the learned I Additional District and Sessions Judge, Tiruvallur, in Crl.A.No.188 of 2023 dated 23.07.2026, to enlarge the petitioners on bail, and also to exempt the petitioners from surrendering before the learned Fast Track Court at Magisterial Level, Tiruvallur.

¶2The petitioners are accused in STC.No.19 of 2019 on the file of the learned Fast Track Court at Magisterial Level, Tiruvallur, and They were convicted and sentenced on 30.06.2023 as under: S.No. Offences under which convicted Sentence Section 138 of Negotiable Instruments Act. undergo Simple Imprisonment for six months and to pay Rs.2,50,000/- as compensation to the complainant, in default,

to

undergo

simple imprisonment for three months.

3.Aggrieved over the judgment passed by the trial court, the accused filed an appeal in Crl.A.No.188 of 2023 before the learned I Additional District and Sessions Judge, Tiruvallur, and the same was dismissed vide order dated

23.07.2026, confirming the judgment passed by the trial court.

¶4Now the petitioners / accused have filed the present criminal revision along with this criminal miscellaneous petitions seeking suspension of sentence and exemption from surrendering.

¶5The learned counsel for the petitioners contended that the revision petitioners are ready to deposit 50% of the cheque amount to the credit of STC.No.19 of 2019 on the file of the learned Fast Track Court at Magisterial Level, Tiruvallur. He, therefore, prayed for suspending the sentence till the conclusion of this Revision.

¶6Considering the submission made by the learned counsel for the petitioners, this Court is inclined to grant suspension of sentence and exempt the petitioners from surrendering before the Trial Court.

¶7Accordingly, these Criminal Miscellaneous Petitions stand allowed; the sentence imposed on the petitioners are suspended and the petitioners are exempted from surrendering before the Trial Court till the disposal of the above criminal revision case. The petitioners shall be released on bail subject to the following conditions: i.The petitioners are directed to deposit 50% of the Cheque amount to the credit of STC.No.19 of 2019 before the learned Fast Track Court at Magisterial Level, Tiruvallur, within a period of two weeks from the date of receipt of a copy of this order; ii.After depositing the said amount, the petitioners shall appear before the learned Fast Track Court at Magisterial Level, Tiruvallur and execute a bond for a sum of Rs.15,000/-, with two sureties, of whom, one should be a blood relative, each for a like sum to the satisfaction of the trial Court; iii.The sureties shall affix their photographs and Left Thumb Impression on the surety bond and the trial Court may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. 14-08-2026 vum To

1.The Fast Track Court at Magisterial Level, Tiruvallur.

2.The I Additional District and Sessions Judge, Tiruvallur.

¶3The Public Prosecutor, High Court of Madras. Crl.M.P.Nos.15016o&o15019oofo2026 N.SENTHILKUMARoJ. vum Crl.M.P.Nos.15016o&o15019oofo2026 inoCrl.R.C.No.1673oofo2026 14-08-2026 oooooooo(1/2) oo Pageo5oofo5