Udhayakumar v. K.S.Kumar

ORDER This Criminal Miscellaneous petition is filed seeking suspension of sentence imposed by the XXI Additional City Civil Court, Allikulam, Chennai in C.A.No.1362 of 2025 dated 04.06.2026 and to enlarge the petitioner on bail.

¶2The petitioner is an accused in STC.No.3412 of 2021 on the file of the learned XXVI Metropolitan Magistrate, Egmore at Chennai and he was convicted and sentenced on 17.10.2025 as under: __________Page 2 of 4 S.No. Offences under which convicted Sentence Section 138 of Negotiable Instruments Act. undergo Simple Imprisonment for one year and to pay the cheque amount of Rs.5,00,000/- as compensation to the complainant, in default, to undergo simple imprisonment for one month.

3.Aggrieved over the judgment passed by the trial court, the accused filed an appeal in C.A.No. 1362 of 2025 before the XXI Additional City Civil Court, Allikulam, Chennai and the same was dismissed vide orders dated 04.06.2026, confirming the judgment passed by the trial court.

¶4Now the petitioner / accused has filed the present criminal revision along with this criminal miscellaneous petition seeking suspension of sentence.

¶5The learned counsel for the petitioner contended that the revision petitioner is ready to deposit 50% of the cheque amount to the credit of STC.No.3412 of 2021 on the file of the learned XXVI Metropolitan Magistrate, Egmore at Chennai. He, therefore, prayed for suspending the sentence till the conclusion of this Revision.

¶6Considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant the relief of suspension of sentence and enlarge the petitioner on bail with certain conditions. __________Page 3 of 4

¶7Accordingly, this criminal miscellaneous petition stands allowed and the sentence of imprisonment is suspended and bail is granted to the petitioner on the following conditions: i.The petitioner is directed to deposit 50% of the Cheque amount i.e., Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand only) to the credit of STC.No.3412 of 2021 before the learned XXVI Metropolitan Magistrate, Egmore at Chennai, within a period of two weeks from the date of receipt of a copy of this order; ii.After depositing the said amount, the petitioner shall appear before the learned learned learned XXVI Metropolitan Magistrate, Egmore at Chennai, 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.

¶8With the above directions, this Criminal Miscellaneous Petition is ordered. 14-08-2026 vum To

1.The XXI Additional City Civil Court, Allikulam

2.The XXVI Metropolitan Magistrate, Egmore at Chennai.

¶3The Public Prosecutor, High Court of Madras. CRLoMPoNo.o15014oofo2026 N.SENTHILKUMARoJ. vum CRLoMPoNo.o15014oofo2026oin Crl.R.C.No.1672oofo2026 14-08-2026 oooooooo(1/2) oo __________Pageo4oofo4

__________Page 1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2026 CORAM THE HON'BLE MR.JUSTICE N.SENTHILKUMAR CRL MP No. 15014 of 2026 in Crl.R.C.No.1672 of 2026 Udhayakumar ..Petitioner Vs K.S.Kumar ..Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 438 (1) BNSS, to suspend the order of sentence passed by the XXI Additional City Civil Court, Allikulam, at Chennai made in C.A.No.1362 of 2025 dated 04.06.2026 confirming the Judgment dated 17.10.2025 made in STC.No.3412 of 2021 on the file of the learned XXVI Metropolitan Magistrate, Egmore at Chennai and enlarge the petitioner on bail pending disposal of the above Crl.R.C.No.1672 of 2026. For Petitioner: S.Deivasigamani