Authority: Madras High Court, Bench of Justice Shamim Ahmed

Order Date: 06-07-2026

Case Overview

  • Petitioners: 1) S. Vishwapathy, son of Subbiah, residing at 36, Sri Amman Nagar, Chennai; 2) M/s. Nexareal, represented by its proprietor S. Vishwapathy, GST No.33AKOPV6293JIZC 1A, West Mambalam, Chennai.
  • Respondent: S. Priyadharshini, wife of Ramkumar, residing at 149, 3rd Floor, Raju Nagar 2nd Street, Thoraipakkam, Chennai.
  • Under Criminal Appeal No.1011 of 2024, dated 17.02.2026, the V Additional Judge, Chennai, confirmed the conviction and sentence originally passed by the Metropolitan Magistrate, Fast Track Court‑II (Magisterial level), Egmore @ Allikulam, Chennai on 11.11.2024 (STC No.120 of 2024).
  • Conviction: Offence under Section 138 of the Negotiable Instruments Act. Sentence: Simple imprisonment for one year and payment of compensation of Rs.25,00,000/‑ to the complainant; default triggers further simple imprisonment for two months.
  • Revision Petition (Crl.RC.No.697 of 2026) and accompanying Criminal Miscellaneous Petition (Crl.M.P.No.10393 of 2026) sought suspension of the sentence and bail pending disposal of the criminal revision.
  • Petitioners contended that the three post‑dated cheques totaling Rs.25,00,000/‑ were issued as security for a house‑property purchase transaction, not as repayment of an enforceable debt. They claimed to have acted merely as real‑estate agents/facilitators linking the respondent with the actual landowner and builder.
  • Counsel argued that the prosecution failed to prove the case beyond reasonable doubt, that the trial and appellate courts ignored discrepancies in witness testimony, and that the judgment was based on conjecture.
  • It was highlighted that the first petitioner had been in jail since 16.06.2026 and that the criminal revision case was likely to be heard in the near future, giving the petitioner a fair chance of success.

Final Outcome

  • The Court, finding merit in the arguments and noting the petitioner’s incarceration, granted suspension of the sentence and bail to the first revision petitioner, S. Vishwapathy (representing Nexareal), subject to the following conditions:

1. Release on bail upon execution of a bond before the Metropolitan Magistrate, Fast Track Court‑II (Magisterial Level), Egmore @ Allikulam, Chennai, with two sureties each furnishing Rs.15,000/‑.

2. The bond must include photographs, left thumb impressions, and may require Aadhaar card or bank passbook copies for identity verification.

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

4. The petitioner must appear before the Metropolitan Magistrate on the 3rd day of every month at 10.30 a.m., commencing August 2026, until further orders.

5. Upon acceptance of the bail bond and sureties, the Trial Court shall transmit photostat copies to the High Court for record.

Topics: Criminal Procedure, Section 138 NI Act, Bail Grant