Authority: High Court of Madras (Bench: Justice Shamim Ahmed)
Order Date: 05-08-2026
Case Overview
- Petition: Criminal Miscellaneous Petition (CRL MP No. 11612 of 2026) filed by R. Rajendran, proprietor of M/s. Hi 5 Smart Store, seeking suspension of sentence passed in CC No.1055 of 2018 (dated 23.11.2023) and confirmed by the Additional District and Sessions Judge, Coimbatore on 06.02.2026, pending the pending Criminal Revision Petition (CRL RC No.1378 of 2026).
- Respondents: Public Prosecutor, Coimbatore District Sessions Court; M/s. Sri Lakshmi Enterprises (represented by Manager J. Abilash Mahalingam).
- Original conviction: Offence under Section 138 of the Negotiable Instruments Act; sentenced to three months simple imprisonment and ordered to pay compensation of Rs.5,90,088 to the complainant, with a default additional one‑month imprisonment.
- Grounds for relief: Petitioner's counsel argued that no enforceable debt existed as of 25.05.2018, that the respondent had already received Rs.13,50,000 in 28 transactions between 17.08.2017 and 19.09.2017, and that the trial and appellate courts erred by not considering this evidence. The court noted that the appellate court failed to appreciate the record and cited Supreme Court precedent (Rabi Prakash Vs. State of Odisha, 2023).
Final Outcome
- The Court granted suspension of the three‑month imprisonment and ordered bail pending the revision.
- Conditions: petitioner must surrender within three weeks to the Fast Track Court No.II, Coimbatore; execute a personal bond with two sureties of Rs.15,000 each; provide photographs, left thumb impressions, and identity documents; appear on the first working day of each month from September 2026 at 10:30 a.m.; trial court to transmit bail bond copies; any fine remains suspended.
Topics: Criminal Procedure; Negotiable Instruments Act