Authority: High Court of Judicature at Madras

Order Date: 15-07-2026

Case Overview

  • Petitioner: V. Dharmakannan, S/o Vellapalam, Coimbatore.
  • Respondent: Ramprasath Tubes and Parts (P) Ltd., represented by Marketing Manager Mr. Veerapathiran.
  • Case Numbers: Criminal Miscellaneous Petition (CRL MP) No. 9511 of 2026, arising from Criminal Revision Petition (CRL RC) No. 1193 of 2026; original conviction in C.C. No. 387 of 2017 dated 20.08.2024 and confirmed by C.A. No. 236 of 2024 dated 24.04.2026.
  • Nature of Offence: Conviction under Section 138 of the Negotiable Instruments Act for issuing a dishonoured cheque.
  • Cheque Details: Cheque No. 235139 dated 30.07.2016, drawn on TMB Ltd., Maduravoyal Branch, for Rs.10,00,000 in favour of the respondent; presented on 27.10.2016 and returned ‘insufficient funds’.
  • Financial Penalty: Compensation of Rs.12,00,000 to the complainant; default imprisonment of one month for non‑payment of the compensation.
  • Sentence: One year simple imprisonment.
  • Grounds for Revision: Alleged procedural infirmities – lack of a statutory demand notice under Section 138(b), improper cross‑examination of witness P.W.1, absence of petitioner‑produced exhibits, and the trial courts’ reliance on conjecture.
  • Counsel Submissions: Petitioner's counsel (Mr. B. Thirumalai) argued the case merits suspension of sentence pending revision; respondent’s counsel (Mr. Deepak) opposed the relief, asserting the lower courts acted lawfully.

Final Outcome

  • The Court found merit in the petitioner's arguments, noting the trial court failed to appreciate the evidence and that the petitioner was already on bail during the trial.
  • The Court granted suspension of the one‑year imprisonment and bail to V. Dharmakannan pending disposal of the criminal revision petition, citing the Supreme Court decision in Rabi Prakash Vs. The State of Odhisha (2023).
  • Bail Conditions:

1. Surrender before Judicial Magistrate Court‑1, Coimbatore within three weeks of receiving the order.

2. Execute a personal bond with two sureties, each furnishing Rs.15,000, along with photographs, left thumb impressions, and identity verification (Aadhaar/Bank Pass Book).

3. Appear before the same court on the 5th of every month starting August 2026 at 10:30 a.m.

4. Upon acceptance of the bond, the Trial Court shall forward photostats of the bond and surety documents to the High Court for record.

5. Any fine imposed shall remain suspended during the pendency of the revision.

Topics: Bail, Criminal Revision, Cheque Bounce