Pagalavan v. Vangili Poultry Farm

ORDER The petitioner has preferred the above revision challenging the judgment dated 25.03.2025 passed by the learned Additional District and Sessions Judge, Namakkal in Crl.A.No.120 of 2024, confirming the judgment of the learned Magistrate convicting the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881 and sentencing him to undergo simple imprisonment for a period of six months, with a default sentence of simple imprisonment for one month besides directing the petitioner to pay compensation of Rs.5,81,662/-. The instant petitions have been filed to suspend the sentence imposed on the petitioner and also to exempt him from surrendering before the trial Court, pending disposal of the Criminal Revision Case.

¶2It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.5,81,662/- towards discharge of liability; that when Page No.2/6 the said cheque was presented for collection, it was returned stating 'Drawer's signature differs'; 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 30% 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 30% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner and exempted him from surrendering before the trial Court, subject to the following conditions: Page No.3/6

(i) The petitioner/Accused shall deposit 30% of the cheque amount to the credit of S.T.C.No.875 of 2022 on the file of learned Judicial Magistrate No.1, Namakkal, 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;

(iii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on him executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.1, Namakkal;

(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 Page No.4/6 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.

¶6Accordingly, this Criminal Miscellaneous Petition is ordered.

29.01.2026 (2/2) Mac Page No.5/6

SUNDER MOHAN, J. Mac To

¶1The Additional District and Sessions Court, Namakkal

¶2The Judicial Magistrate No.1, Namakkal in Crl.R.C.No.188 of 2026

29.01.2026 (2/2) Page No.6/6

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2026 CORAM THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.188 of 2026 Pagalavan ...Petitioner -vs- Vangili Poultry Farm, Represented by its Manager, Mr.Prasannakumar, No.6/315-2A, 1st Floor, Vangili Complex, Trichy Main Road, Namakkal District. ...Respondent PRAYER in Crl.M.P.No.1267 of 2026: Criminal Miscellaneous Petition filed under Section 438 1(b) of BNSS, to suspend the sentence imposed in the judgment passed in Crl.A.No.120 of 2024 dated 25.03.2025 on the file of the I Additional District and Sessions Judge, Namakkal, confirming the order of conviction dated 23.04.2024 passed in S.T.C.No.875 of 2022 on the file of the Judicial Magistrate No.1, Namakkal, and enlarge the petitioner on bail pending disposal of the above Criminal Revision Petition before this Court. PRAYER in Crl.M.P.No.1270 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, to exempt the petitioner from surrendering Page No.1/6 pursuant to the order of conviction passed in Crl.A.No.120 of 2024 on the file of the I-Additional District and Sessions Judge, Namakkal dated 25.03.2025, pending disposal of the present Criminal Revision petition For Petitioner : Mr.Muruganandham for Mr.D.Anbarasan