CRL MP/6869/2026 of K.K.Pharma Vs VijayPharma Distributors

CRL MP Nos. 6869 & 6870 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-04-2026 CORAM THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL MP Nos. 6869 & 6870 of 2026 IN CRL RC NO. 883 OF 2026 K.K.Pharma Rep by its Proprietor, Mr.Kamalahassan aged about 40 years, S/o Late R.Govindan, No.48, Thathamuthippam Street, Chennai. ..Petitioner(s) in both Crl.M.Ps. Vs Vijay Pharma Distributors Rep by Mr.Vijay Kumar, No.30, New No.4, Appasamy Street, Pattalam, Chennai. ..Respondent(s) in both Crl.M.Ps. PRAYER in Crl.M.P.No.6869 of 2026 : Criminal Miscellaneous Petition filed under Section 430(1) of BNSS, praying to suspend the sentence dated 04.04.2024 made in STC.No.1883 of 2022 on the file of Metropolitan Magistrate, FTC-IV, George Town, Chennai and confirmed by the Judgment dated 17.03.2026 in Crl.A. No.355 of 2024 on the file of XXII Additional Sessions Court, Chennai and enlarge the petitioner on bail pending disposal of the above Criminal Revision. PRAYER in Crl.M.P.No.6870 of 2026 : Criminal Miscellaneous Petition filed under Section 528 of BNSS, praying to exempt the petitioner from surrenderi ng before the Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai in STC No.1883 of 2022, pending disposal of the above criminal revision. https://www.mhc.tn.gov.in/judis CRL MP Nos. 6869 & 6870 of 2026 __________ Page2 of 6 In both Crl.M.Ps. For Petitioner(s): M/S.J.Kiran Kumar ORDER The petitioner has preferred the above revision challenging the judgment dated 17.03.2026 passed in Crl.A. No. 355 of 2024 by the learned XXII Additional Sessions Court, Chennai confirming the judgment of the Trial Court convicting the petitioner for the offence under Section 138 of the Negotia ble Instruments Act, and sentencing him to undergo three months simple imprisonment and to pay fine of Rs.3,58,229/-, in default, to undergo further simple imprisonment for three months. The instant petitions have been fil ed to suspend the sentence imposed on the petitioner and to exempt the petitioner from surrendering before the Trial Court, pending disposal of the above revision. 2. It is the case of the respondent that the petitioner had issued 12 cheques, for Rs.3,58,229/- towards discharge of liability; that when the cheques were presented for collection, they were returned for the reason ‘Funds Insufficient’; that in spite of the statutory notice, the petitioner did not make the payment; and hence liable for the said offence. https://www.mhc.tn.gov.in/judis CRL MP Nos. 6869 & 6870 of 2026 __________ Page3 of 6 3. The learned counsel for the petitioner would submit that the petit ioner has raised substantial grounds in the above revision; that the petitioner ha s rebutted the statutory presumption; that the judgments of the Courts below are liable to be set aside; and that, to show his bona fides, the petitioner is willing to deposit the sum equivalent to 50% of the cheque amount; and thus prays for suspension of the sentence. 4. Heard the learned counsel for the petitioner and perused the mate rials available on record. 5. Having regard to the submission made by the learned counsel for the petitioner that there are substantial grounds raised in the above revi sion which require consideration, and the fact that the petitioner is willing to deposit 50% of the cheque amount, this Court is inclined to grant suspension of sentence and exempt the petitioner from surrendering before the Trial Court, pending disposal of the revision, subject to the following conditions: (i) The petitioner is ordered to be enlarged on bail, on condition that the petitioner/Accused shall deposit 50% of the cheque amount, to the credit of STC No. 1883 of 2022 on the file of Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai, within a period of four weeks from the date of receipt of a copy of this order. https://www.mhc.tn.gov.in/judis CRL MP Nos. 6869 & 6870 of 2026 __________ Page4 of 6 (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 her executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 a month at 10.30 a.m., until the disposal of the revision and if she is not able to appear before the Trial Court on that day, she 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 her absence as directed by the Trial Court. (vi) On the failure of the petitioner/accused, depositing the above said amount, it is open to the Trial Court to commit the petitioner/accused into custody for undergoing the sentence. https://www.mhc.tn.gov.in/judis CRL MP Nos. 6869 & 6870 of 2026 __________ Page5 of 6 6. Accordingly, these Criminal Miscellaneous Petitions are ordered. 20-04-2026 (1/2) Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dpa To 1.The XXII Additional Sessions Court, Chennai 2.The learned Metropolitan Magistrate, Fast Track Court-IV, George Town, Chennai. https://www.mhc.tn.gov.in/judis CRL MP Nos. 6869 & 6870 of 2026 __________ Page6 of 6 C.KUMARAPPAN, J. dpa CRL MP Nos. 6869 & 6870 of 2026 IN CRL RC NO. 883 OF 2026 20-04-2026 (1/2) https://www.mhc.tn.gov.in/judis