Authority: Madras High Court, Bench of Justice Sundar Mohan

Order Date: 17-09-2026

Case Overview

  • Petitioners: Shajahan Proprietrix, R.J. Enterprises (address: No.F3, Block, Blossom Flats, Chennai-600 003).
  • Respondent: R. Seenivasan, Proprietor, R.D.K. Rapiers (address: No.3/39A, VOC Nagar, K.N. Colony, Ammapettai, Salem-636 014).
  • The petition seeks suspension of a one‑year simple imprisonment awarded in Judgment dated 24.04.2026 (Crl.A.No.183 of 2025) which confirmed the conviction under Section 138 of the Negotiable Instruments Act and a compensation order of Rs 52,27,000 payable to the complainant.
  • The conviction stemmed from five cheques issued by the petitioner totaling Rs 52,27,000 (four cheques of Rs 10,00,000 each and one cheque of Rs 12,27,000) that were returned for insufficient funds despite statutory notice.
  • The petitioner was arrested on 14.08.2026 and had been in custody for 33 days at the time of filing the revision.
  • Counsel for the petitioner argued that the lower courts erred in conviction and offered to deposit 30% of the cheque amount as a show of bona‑fide intent, proposing an initial 10% deposit at the time of bond execution and the remaining 20% within four weeks of release.
  • Counsel for the respondent opposed the suspension.

Final Outcome

  • The Court, finding substantial grounds in the revision and the petitioner’s willingness to deposit part of the amount, ordered suspension of the one‑year imprisonment and granted bail subject to the following conditions:

1. Deposit 10% of the cheque amount, i.e., Rs 5,22,700, to the credit of S.T.C. No. 10461 of 2022 on the file of the learned Judicial Magistrate No.I, Salem, and execute a bond of Rs 10,000 with two sureties of equal amount.

2. Deposit the remaining 20%, i.e., Rs 10,45,400, to the same STC within four weeks from the date of release.

3. Upon receipt, the Trial Court shall place the deposited amount in a Fixed Deposit Account with any nationalised bank, renewable periodically; disbursal will be decided at the culmination of the criminal revision case.

4. The petitioner and sureties must affix photographs and left thumb impressions on the bond; the Trial Court may obtain copies of their Aadhaar cards, bank passbooks, and mobile numbers for identity verification.

5. The petitioner must appear before the Trial Court on the first working day of every month at 10:30 a.m. until disposal of the revision. If unable to appear, he must file an application under Section 317 Cr.P.C. and appear on an alternative date as directed.

6. Failure to deposit the remaining 20% may lead the learned Magistrate to secure the petitioner to serve the original sentence and report to this Court.

  • Accordingly, the Criminal Miscellaneous Petition is ordered as above.

Topics: Court Proceedings, Cheque Bounce, Bail Conditions