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Judgment
ORDER
The petitioner has preferred the above Criminal Revision Case challenging the order made in Crl.A.No.114 of 2023 dated 04.12.2025 passed by the learned Principal District and Sessions Judge, Chengalpattu, confirming the judgment of conviction and sentence passed by the learned Judicial Magistrate No.I, Tambaram in S.T.C.No.659 of 2018 dated 04.10.2023
The learned counsel appearing for the petitioner would affirm that the complaint would show that the allegations are improbable; that the complainant would state that the petitioner had obtained loan on 24.02.2018 and had repaid the amount on 06.03.2018; that if the petitioner had really borrowed the money, there was no need to return it within a week; that the complainant is said to have given the loan by cash, which is improbable and in respect of rebuttal of statutory presumption, the complainant had not established his capacity to lend Rs.60,00,000/- (Rupees Sixty Lakhs Only).
The learned counsel for the petitioner would further submit that pending the appeal, the petitioner has deposited 10% of the cheque amount and to show her bonafide, is willing to deposit a further sum of Rs.3,00,000/- (Rupees Three Lakhs Only).
Heard the learned counsel for the petitioner and perused the materials available on record.
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 had already deposited 10% of the cheque amount to the credit of S.T.C.No.659 of 2018 pursuant to the order of this Court in Crl.O.P.No.5185 of 2024 dated 08.03.2024, this Court is inclined to suspend the sentence imposed on the petitioner, subject to the following conditions:
The petitioner/accused shall deposit Rs.3,00,000/-(Rupees Three Lakhs Only) to the satisfaction of the learned Judicial Magistrate No.I, Tambaram in S.T.C.No.659 of 2018, within a period of four weeks from the date of receipt of a copy of this order;
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;
Thereafter, the sentence of imprisonment imposed on the petitioner/accused alone shall be suspended, on him executing a bond for a sum of Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.I, Tambaram;
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;
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
If the deposit is not made as per the order of this Court, the learned Magistrate may secure the petitioner/accused to serve the sentence and report before this Court.
Accordingly, this Criminal Miscellaneous Petition is ordered.
23-09-2026
Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm/ve)
To:
The Principal District and Sessions Judge, Chengalpattu.
The Judicial Magistrate No. I, Tambaram.
Sunder Mohan, J.
(drm/ve) CRL.M.P.No.27925 of 2026 in CRL.R.C.No.2141 of 2026 23-09-2026
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