Authority: High Court of Judicature at Madras

Order Date: 03-08-2026

Case Overview

  • Petition: CRL MP No. 11141 of 2026 in CRL RC No. 1316 of 2026, filed by petitioner S. Rajagopalan against respondent V.S. Enterprises (represented by Mr. Hemant Mehta).
  • Original Conviction: Under Section 138 of the Negotiable Instruments Act, the trial court sentenced the petitioner to simple imprisonment for four months and ordered payment of compensation of Rs.6,00,000 to the complainant, with 6% interest from the filing date and an additional one‑month imprisonment for default.
  • Relief Sought: Suspension of the sentence and bail pending disposal of the criminal revision (CC No.2161 of 2020).
  • Conditional Order dated 02.07.2026: The petitioner was directed to deposit 50% of the fine amount (Rs.3,00,000) within three weeks and produce the receipt for consideration of suspension of sentence.
  • Compliance: On the hearing dated 03-08-2026, the petitioner’s counsel produced a receipt confirming payment of Rs.3,00,000; the respondent did not dispute this payment.
  • Arguments Presented:
  • The petitioner claimed the loan of Rs.6,00,000 was a personal loan, not a business loan, and that the complainant failed to prove a legally enforceable debt.
  • It was argued that the trial court erred by not considering cross‑examination evidence and that the cheque was misused.
  • Reference was made to Supreme Court judgment Rabi Prakash Vs. State of Odisha (2023) supporting suspension of sentence where revision may lead to acquittal.
  • Court’s Observations: The trial court failed to appreciate the full evidence; the petitioner was on bail during trial; granting suspension is appropriate to protect liberty pending revision.

Final Outcome

  • The High Court granted suspension of sentence and bail to petitioner S. Rajagopalan pending the criminal revision.
  • Conditions imposed:

1. Surrender: Petitioner must surrender before the XX Metropolitan Magistrate Court, Egmore @ Allikulam, Chennai‑03 within three weeks of receiving the order.

2. Bail Bond: Release on bail upon execution of a personal bond with two sureties, each for Rs.15,000, accompanied by photographs, left thumb impressions, and verification of Aadhaar card or bank passbook.

3. Monthly Appearance: Petitioner and sureties must appear before the same Magistrate Court on the 5th day of every month, starting September 2026, at 10:30 a.m., until further orders.

4. Record Keeping: Upon acceptance of the bail bond, the trial court shall transmit photostat copies of the bond and sureties to the High Court for record.

5. Fine Suspension: Realization of the fine amount, if any, shall remain suspended during the pendency of the revision.

  • The order was dated 03‑08‑2026, with a note to issue a copy of the order on 04‑08‑2026 to the XX Metropolitan Magistrate Court and the III Additional Sessions Judge, City Civil Court, Chennai.

Topics: Criminal Procedure, Bail, Section 138 NI Act