R.Saravanan vs M.M. Syed Sikkander

M. Nirmal Kumar, J

This Court vide order dated 05.05.2021 had suspended the sentence of the petitioner in Crl.M.P.No.5646 of 2021 in Crl.R.C.No.267 of 2021 and granted bail on condition that the petitioner Mrs.S.S.Mohamed Fouzia to execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the learned Metropolitan Magistrate, Fast track Court-II, Allikulam, Chennai and on further condition that the petitioner shall appear before the said Court at 10.30. a.m. on the first working day of every English Calendar month regularly pending Revision.

2.The learned counsel for the respondent in Crl.R.C.No.267 of 2021 submitted that though the order has been passed on 05.05.2021, the conditions have not been complied is the instructions. To verify and report the same, he seeks accommodation.

3.It is seen that the petitioner in Crl.R.C.No.267 of 2021 viz. Mrs.S.S.Mohamed Fouzia, W/o.M.M.Syed Sikkanthar, No.9, Narayana Naicken Third Lane, Pudupet, Chennai-600 002, was convicted by the trial Court in C.C.No.6434 of 2016 vide judgment dated 11.12.2019 for offence under Section 138 of Negotiable Instruments Act, and sentenced to one (1) year Simple Imprisonment and to pay the cheque amount of Rs.2 lakhs as compensation. Aggrieved against the same, the petitioner in Crl.R.C.No.267 of 2021 had preferred an appeal in C.A.No.5 of 2020, before the VI Additional Sessions Court and the Sessions Court dismissed the appeal confirming the conviction and sentence of the trial Court, against which the present Revision has been filed, and at that time the above order of suspension of sentence was granted.

4.To verify whether the petitioner had complied with the condition, the case was posted on 03.02.2026, but there is no representation for the petitioner from 03.02.2026 and the case was posted under the caption for dismissal to 09.02.2026. Again on 09.02.2026, there was no representation and the case has been posted on 16.02.2026. Even today, there is no representation for the petitioner.

5.In view of the above, the conviction of the petitioner in Crl.R.C.No.267 of 2021 subsists. Hence, for verifying the status, post the matter on 17.02.2026.

6.Pursuant to the order passed by this Court on 19.01.2026 in Crl.A.No.418 of 2020, Crl.R.C.267 of 2021 filed by the wife of the respondent is posted along with the Crl.A.No.148 of 2020. Since the transactions are similar and further the defence taken in both the cases are identical, in one case the trial Court had accepted the defence of the accused and in another case the defence of the accused have been negatived. Since there are common issues to be decided, both the Appeal in Crl.A.No.418 of 2020 and Revision in Crl.R.C.No.267 of 2021 are listed together.

7.Post both Crl.A.No.418 of 2020 and Crl.R.C.No.267 of 2021 on 17.02.2026.