[Cites 4, Cited by 0]
Madras High Court
M.Venkatesan vs Sivasubramanian on 8 April, 2026
Crl.M.P.Nos.6246 and 6247 of 2026
in Crl.R.C.No.815 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.6246 and 6247 of 2026
in
Crl.R.C.No.815 of 2026
M.Venkatesan, S/o.Marimuthu ...Petitioner/Accused
-vs-
Mr.Sivasubramanian, S/o.Narayana Pillai ...Respondent
PRAYER in Crl.M.P.No.6246 of 2026: Criminal Miscellaneous Petition filed
under Section 430 of Cr.P.C., praying to suspend the sentence confirmed by the
impugned order dated 12.03.2025 passed by the Hon’ble XX Additional
Sessions Court, Allikulam, Chennai in Crl.A.No.117/2024 while dismissing the
appeal and consequently confirming the judgment dated 24.01.2024, on the file
of the Hon’ble Metropolitan Magistrate, Fast Track Court No.I at Allikulam,
Chennai in C.C.No.6793/2018 under Section 138 r/w 142 of Negotiable
imprisonment of one year with fine of twice the cheque amount to be paid to the
respondent herein as compensation and in default undergo further sentence of
one month simple imprisonment.
1/6
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6246 and 6247 of 2026
in Crl.R.C.No.815 of 2026
PRAYER in Crl.M.P.No.6247 of 2026: Criminal Miscellaneous Petition filed
under Section 528 of BNSS, praying to grant the petitioner an exemption from
surrendering himself and accept the sureties before Hon’ble Metropolitan
Magistrate, Fast Track Court No.I at Allikulam, Chennai in the order dated
24.01.2014 in C.C.No.6793/2018 and confirmed vide order dated 12.03.2025 in
Crl.A.No.117/2024 on the file of the Hon’ble XX Additional Sessions Court,
Allikulam, Chennai.
For Petitioner : Mr.A.Thirumaran
COMMON ORDER
The petitioner has preferred the above revision challenging the judgment
dated 12.03.2025 passed by the learned XX Additional Sessions Court,
Allikulam, Chennai, in Crl.A.No.117 of 2024 confirming the judgment of the
learned Metropolitan Magistrate, Fast Track Court No.I at Allikulam convicting
the petitioner for the offence under Section 138 of the Negotiable Instruments
Act, and sentencing him to undergo simple imprisonment for a period of one
year months and to pay the double the cheque amount as compensation, carrying
a default sentence of simple imprisonment of three months. The instant petitions
have been filed to suspend the sentence imposed on the petitioner and to exempt
the petitioner from surrendering before the Trial Court, pending disposal of the
above revision.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6246 and 6247 of 2026
2. It is the case of the respondent that the petitioner approached the
respondent and requested a sum of Rs.1,00,000/- as hand loan for his hotel
business. When the respondent asked the petitioner to repay the said amount, the
petitioner issued a cheque bearing No.920918, dated 19.03.2018, towards
discharge of liability; that when the said cheque was presented for collection, it
was returned stating ‘funds insufficient’; 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 his bona fides, the petitioner is willing to
deposit a sum of 50% of the cheque amount.
4. Heard the learned counsel for the petitioner and perused the materials
available on record.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6246 and 6247 of 2026
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, 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 petitioner/Accused shall deposit 50% of the cheque
amount to the credit of C.C. No. 6793 of 2018 on the file of the
learned Metropolitan Magistrate, Fast Track Court No.I at
Allikulam, Chennai, 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 her executing a
bond for a sum of Rs.10,000/- with two sureties each for a likesum
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6246 and 6247 of 2026
to the satisfaction of the learned Metropolitan Magistrate, Fast
Track Court No.I at Allikulam,;
(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 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
(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.
08.04.2026
mp
To
1. The Metropolitan Magistrate, Fast Track Court No.I at Allikulam, Chennai
2. The XX Additional Sessions Court, Allikulam, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.M.P.Nos.6246 and 6247 of 2026
C. KUMARAPPAN, J.
mp
Crl.M.P.Nos.6246 and 6247 of 2026
08.04.2026
https://www.mhc.tn.gov.in/judis
