[Cites 2, Cited by 0]
Madras High Court
N.S.Rathinam And Sons vs Badam Kawar (Deceased) on 8 April, 2026
Crl.M.P.Nos.6281 and 6284 of 2026
in Crl.R.C.No.818 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2026
CORAM
THE HONOURABLE MR JUSTICE C. KUMARAPPAN
Crl.M.P.Nos.6281 and 6284 of 2026
in
Crl.R.C.No.818 of 2026
1. N.S.Rathinam & Sons,
Partnership firm, rep. By its partner
2. R.Chandrasekaran
3. Mrs.R.Akkammal ...Petitioners/Accused
-vs-
Smt. Badam Kawar (Deceased),
substituted and rep. By her grand son and legatee,
Mr.Deepak Jain,
s/o.Gumanlal jain,
No.57, New No.26, Taylors Road,
Rems Street, Kilpauk,
Chennai – 600 010. ...Respondent
PRAYER in Crl.M.P.No.6281 of 2026: Criminal Miscellaneous Petition filed
under Section 438(1) of BNSS Act, 2023, praying to suspend the sentence of
imprisonment imposed in the judgment dated 06.09.2024 made in C.C.No.574
of 2009 on the file of the Metropolitan Magistrate No.III, George Town,
Chennai and the same was confirmed in the judgment dated 13.03.2026 made in
1/6
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Crl.M.P.Nos.6281 and 6284 of 2026
in Crl.R.C.No.818 of 2026
Crl.A.No.811 of 2024 on the file of the VII Additional City Civil Court, Chennai
and enlarge the petitioners on bail pending disposal of the above Revision
Petition.
PRAYER in Crl.M.P.No.6284 of 2026: Criminal Miscellaneous Petition filed
under Section 528 of BNSS, praying to grant an order of exemption from
surrendering before the trial Court in pursuance to the order dated 13.03.2026
made in Crl.A.No.811 of 2024 on the file of the VII Additional City Civil Court,
Chennai, confirming the conviction imposed in judgment dated 06.09.2024
made in C.C.No.574 of 2009 on the file of the Metropolitan Magistrate No.III,
George Town, Chennai, pending disposal of the above Revision Petition.
For Petitioners : Mr.D.Lakshmipathy
COMMON ORDER
The petitioners have preferred the above revisions challenging the
judgment dated 13.03.2026 passed by the learned VII Additional City Civil
Court, Chennai, in Crl.A.No.811 of 2026 confirming the judgment of the learned
Metropolitan Magistrate No.III, George Town, Chennai convicting the
petitioners for the offence under Section 138 of the Negotiable Instruments Act,
and sentencing them to undergo simple imprisonment for a period of two years
and directed the petitioners to pay a sum of Rs.18,03,000/- as compensation
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Crl.M.P.Nos.6281 and 6284 of 2026
carrying a default sentence of simple imprisonment of three months. The instant
petitions have been filed to suspend the sentence imposed on the petitioners and
to exempt the petitioners from surrendering before the Trial Court, pending
disposal of the above revision.
2. There are totally three accused in this case. The 1 st accused is a
partnership firm. The 2nd and 3rd accused are partners of 1st accused firm. It is the
case of the respondent that the 2nd petitioner borrowed a sum of Rs.10,00,000/-
and agreed to repay the same with interest at 24% per annum. When the
respondent approached the accused seeking return of the principal with interest,
the accused issued a cheque bearing No.000640 dated 23.01.2009 for
Rs.5,00,000/- and cheque bearing No.398641 dated 31.01.2009 for
Rs.13,03,000/-; that when the said cheque was presented for collection, it was
returned stating ‘Opening Balance Insufficient”; that in spite of the statutory
notice, the petitioner did not make the payment; and hence liable for the said
offence.
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Crl.M.P.Nos.6281 and 6284 of 2026
3. The learned counsel for the petitioner would submit that the petitioners
have raised substantial grounds in the above revision; and that the petitioners
have 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 a sum of Rs.8,00,000/-.
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 petitioners are willing to deposit a
sum of Rs.8,00,000/-, these Criminal Miscellaneous Petitions stand allowed.
The sentence imposed on the petitioner is suspended and the petitioner is
exempted from surrendering before the Trial Court till the disposal of the above
criminal revision, subject to the following conditions:
(i) The petitioners/Accused shall deposit a sum of
Rs.8,00,000/- to the credit of C.C.No.574 of 2009 on the file of the
learned Metropolitan Magistrate No.III, George Town, Chennai
within a period of six weeks from the date of receipt of a copy of
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Crl.M.P.Nos.6281 and 6284 of 2026
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 petitioners/Accused shall be suspended, on they executing a
bond for a sum of Rs.10,000/- with two sureties each for a likesum
to the satisfaction of the learned Metropolitan Magistrate No.III,
George Town, Chennai;
(iv) The petitioners 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 petitioners 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 she is not able to appear before the Trial Court
on any day, she 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 her absence, as directed by
the Trial Court; and
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Crl.M.P.Nos.6281 and 6284 of 2026
C. KUMARAPPAN, J.
mp
(vi) On the failure of the petitioners/Accused, depositing the
said amount, it is open to the Trial Court to commit the
petitioner/accused into custody for undergoing the sentence.
08.04.2026
mp
To
1.The Metropolitan Magistrate No.III, George Town, Chennai.
2. The VII Additional City Civil Court, Chennai.
Crl.M.P.Nos.6281 and 6284 of 2026
https://www.mhc.tn.gov.in/judis
