CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 30-04-2026 CORAM THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 V.Chiranjeevi Petitioner(s) Vs E.K.Govindarajulu Respondent(s) PRAYER in Crl.M.P.No.7869 of 2026: Criminal Miscellaneous Petition filed under Section 482(1) r/w 470 (1) of BNSS, to suspend the sentence passed by the I Additional District and Sessions Judge, Tiruvallur in Crl.A.No.162 of 2024 on 10.03.2026 confirming the Judgment of conviction and sentence passed by the learned Judicial Magistrate, Tiruttani in STC No.1 of 2022 dated 26.07.2024 pending disposal of the above criminal revision. PRAYER in CRL MP No. 7870 of 2026: Criminal Miscellaneous Petition filed under Section 528 of BNSS, to exemption from surrendering of the petitioner before the I Additional District and Sessions Judge, Tiruvallur pursuant to the order passed in Crl.A.No.162 of 2024 on 10.03.2026 confirming the Judgment of conviction and sentence passed by learned Judicial Magistrate, Tiruttani in STC No.1 of 2022 dated 26.07.2024. For Petitioner(s): Mr.M.Jaikumar 1 https://www.mhc.tn.gov.in/judis CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 COMMON ORDER This Criminal Revision case has been filed for setting aside the judgement dated 10.03.2026 in Crl.A.No.162 of 2024 passed by the I Additional District and Sessions Judge, Thiruvallur, confirming the judgement dated 26.07.2024 in S.T.C.No.1 of 2022 on the file of the learned Judicial Magistrate, Tiruttani, convicting the petitioner/accused for the offence under Section 138 of the Negotiable Instruments Act, and sentenced him to undergo simple imprisonment for a period of 10 months and to pay a compensation of Rs.5,00,000/- to the complainant, within a period of two months and in default, to undergo simple imprisonment for a period of 2 months as default sentence. 2. Along with the revision, the petitioner has filed two Miscellaneous Petitions viz. CRL MP No. 7869 of 2026, seeking suspension of sentence and CRL MP No.7870 of 2026 for exempting him from surrendering pursuant to the judgments. 3. It is the case of the respondent that the petitioner had issued a cheque for a sum of Rs.5,00,000/- towards discharge of liability; that when the said cheque was presented for collection, it was returned for the reason ‘Funds Insufficient’; that in spite of the statutory notice, the petitioner did not make the 2 https://www.mhc.tn.gov.in/judis CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 payment; and hence liable for the said offence. 4. The learned counsel for the petitioner/accused submitted that the petitioner has raised substantial grounds in the revision, which requires consideration; that the petitioner has already deposited 20% of the cheque amount; and that to show his bona fide, he is willing to deposit further sum equivalent to 50% of the cheque amount; and prayed for suspension of sentence. 5. Heard the learned counsel for the petitioner and perused the materials available on record. 6. Having regard to the submission made by the learned counsel for the petitioner that there are substantial grounds raised in the above revision which require consideration, and the fact that the petitioner is willing to deposit 50% of the cheque amount, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions: (i) The petitioner/Accused shall deposit 50% of the cheque amount, apart from depositing 20% of the cheque amount already deposited by the petitioner, to the credit of S.T.C.No.1 of 2022 on the file of the learned Judicial Magistrate, Tiruttani, on or before 29.05.2026. Failing which, the order passed by this Court shall stand automatically cancelled. 3 https://www.mhc.tn.gov.in/judis CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 (ii) On such deposit being made, the Trial Court shall redeposit the said amount in a Fixed Deposit Account, in any one of the Nationalized Banks, renewable thereafter periodically. The disbursal of this amount shall be decided at the culmination of the Criminal Revision Case; (iii) Thereafter, the sentence of imprisonment alone imposed on the petitioner/Accused shall be suspended, on his executing a bond for a sum of Rs.25,000/- with two sureties each for a likesum to the satisfaction of the trial Court; (iv) The petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Trial Court may obtain a copy of their Aadhar card or Bank pass Book and mobile numbers to ensure their identity; (v) The petitioner shall appear before the Trial Court on the first working day of every month at 10.30 a.m., until the disposal of the revision and if he is not able to appear before the Trial Court on any day, he shall make arrangements to file an application under Section 317 Cr.P.C., and shall appear before the Trial Court on any other day in lieu of the date of his absence, as directed by the Trial Court; and (vi) On the failure of the petitioner/Accused, depositing the said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence. 4 https://www.mhc.tn.gov.in/judis CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 7. With the above directions, the Criminal Miscellaneous Petition viz., CRL MP No. 7869 of 2026 is ordered. 8. Insofar as the petition viz., Crl.M.P.No.7870 of 2026 filed seeking exemption of the petitioner from surrender before the trial Court is concerned, in view of the order passed by this Court in CRL MP No. 7869 of 2026 dated 30.04.2026, granting suspension of sentence, no further orders are necessary in this petition. Accordingly, the Criminal Miscellaneous Petition viz., Crl.M.P.No.7870 of 2026 stands closed. 30-04-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1. I Additional District and Sessions Judge, Tiruvallur. 2. The learned Judicial Magistrate, Tiruttani. 3. The Public Prosecutor, Madras High Court, Chennai. 5 https://www.mhc.tn.gov.in/judis CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 G.K.ILANTHIRAIYAN J. jd CRL MP Nos. 7869 & 7870 of 2026 in CRL RC No. 987 of 2026 30-04-2026 6 https://www.mhc.tn.gov.in/judis