In a significant legal development, MDMK legislator T Sadhan Thirumalai Kumar now faces immediate disqualification from the Tamil Nadu Assembly after a Chennai court found him guilty in a high-value cheque dishonour case. The MLA from Vasudevanallur constituency in Tenkasi district was convicted and sentenced to two years of imprisonment, a verdict that carries severe political consequences under electoral law.
The Conviction and Legal Proceedings
The III Metropolitan Magistrate Court in George Town, Chennai, delivered the verdict on Tuesday, holding that the charges against the MLA were proven beyond reasonable doubt. Presiding Magistrate C Sundarapandian sentenced Sadhan Thirumalai Kumar to two years of rigorous imprisonment. However, the court suspended the sentence for a period of two months to allow the convicted lawmaker to file an appeal against the order.
In addition to the prison term, the court directed the MLA to pay the outstanding amount of ₹1 crore to the complainant finance company within two months. The court explicitly warned that failure to pay this amount would result in an additional three months of imprisonment.
Details of the Financial Dispute
The case originates from a financial transaction in 2016 when Sadhan Thirumalai Kumar borrowed ₹1 crore from New Link Overseas Finance Limited, a finance firm based in Royapettah, Chennai. As part of the loan repayment agreement, the MLA issued two cheques for ₹50 lakh each to the company.
When the finance company presented these cheques for encashment, both instruments were dishonoured by the bank due to insufficient funds in the MLA's account. Following this, the aggrieved company filed a formal complaint under the Negotiable Instruments Act in 2019 before the Egmore court in Chennai.
Due to the accused's status as a sitting Member of the Legislative Assembly, the case underwent special procedural handling:
- The case was initially transferred to a special court designated for cases involving MPs and MLAs.
- Subsequently, based on further court orders, it was moved to the III Metropolitan Magistrate Court in George Town.
- The legal proceedings culminated in this week's conviction after thorough examination of evidence.
Immediate Political Consequences
Despite the suspension of his prison sentence, Sadhan Thirumalai Kumar faces immediate disqualification as an MLA under Section 8(3) of the Representation of the People Act, 1951. This provision mandates that any person convicted of an offense and sentenced to imprisonment for two years or more shall be disqualified from the date of such conviction.
The disqualification will remain in effect for a period of six years from the date of his release from prison, unless the conviction is overturned by a higher court. This development creates a vacancy in the Vasudevanallur assembly constituency, necessitating potential by-election proceedings unless the MLA successfully appeals the verdict within the granted two-month period.
The case highlights the legal accountability of elected representatives and serves as a precedent for financial disputes involving public figures. It also underscores the serious consequences of cheque bounce cases under Indian law, particularly when they involve substantial amounts and public officials.
