[Cites 2, Cited by 0]
Madras High Court
S.K.Karthikeyan vs R.Senthilkumar on 7 April, 2026
CRL MP No. 6059 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN
CRL MP No. 6059 of 2026
IN
CRL RC NO. 777 OF 2026
S.K.Karthikeyan
S/o.S.Kumaran,
Kuruvikarambai Post,
Peravurani Taluk,
Thanjavur District.
..Petitioner(s)
Vs
R.Senthilkumar
S/o.V.K.Ramalingam,
No.105, Main Road,
Varanthiya Palayam,
Puthur,
Salai Puthur,
Erode District.
..Respondent(s)
CRL MP No. 6059 of 2026
PRAYER in Crl.M.P.No.5331 of 2026: Criminal Miscellaneous Petition filed
under Section 430(1) of BNSS, to suspend the sentence dated 23.02.2026
passed in Crl.A.No.82 of 2021 by the learned I Additional Sessions Judge at
Erode confirming the conviction and sentence passed in STC.No.552 of 2017
dated 28.04.2021, by the learned District Munsif cum Judicial Magistrate at
Kodumudi and enlarge the petitioner on bail, pending disposal of the revision
on the file of this Honble Court.
For Petitioner(s): Mr.R.Bernatsha
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CRL MP No. 6059 of 2026
ORDER
The petitioner has preferred the above revision challenging the judgment
dated 23.02.2026 passed by the learned I Additional Sessions Judge, Erode, in
Crl.A.No.82 of 2021, confirming the judgment of the learned Magistrate
convicting the petitioner for the offence under Section 138 of the Negotiable
Instruments Act, and sentenced him to undergo one year S.I. and also to pay
compensation of Rs.8,25,000/-, in default to undergo further S.I. for three
months. The instant petition has been filed to suspend the sentence imposed on
the petitioner before the Trial Court, pending disposal of the above revision.
2. It is the case of the respondent that the petitioner had issued a cheque
for a sum of Rs.8,25,000/- towards discharge of liability; that when the said
cheque was presented for collection, it was returned for the reason ‘insufficient
fund”; that in spite of the statutory notice, the petitioner did not make the
payment; and hence liable for the said offence.
3. The 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 their bona fides, the petitioner is willing
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to deposit 50% of the cheque amount.
4. Heard the learned counsel for the petitioner and perused the materials
available on record.
5. Having 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 grant suspension of sentence
before the Trial Court, subject to the following conditions:
(i) The petitioner is ordered to be enlarged on bail,
on condition that the petitioner shall deposit 50% of the
cheque amount to the credit of STC.No.552 of 2017 on the
file of the learned District Munsif cum Judicial Magistrate,
Kodumudi on or before 19.05.2026.
(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 a bond for a sum of Rs.10,000/- with
two sureties each for a likesum to the satisfaction of the
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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 a month at 10.30 a.m., until the disposal
of the revision and if they are not able to appear before the
Trial Court on that day, they 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
their absence as directed by the Trial Court.
(vi) On the failure of the petitioners/accused, depositing the
above said amount, it is open to the Trial Court to commit
the petitioners/accused into custody for undergoing the
sentence.
6. Accordingly, these Criminal Miscellaneous Petitions are ordered. Call
the matter on 20.05.2026.
07-04-2026
(2/2)
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
DRL
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To
1.The I Additional Sessions Judge,
Erode.
2.The District Munsif cum Judicial Magistrate,
Kodumudi.
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C.KUMARAPPAN, J.
DRL
IN
CRL RC NO. 777 OF 2026
07-04-2026
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