CRL OP/9503/2026 of V. Subendran Vs C.Dhanasekar

CRL OP No. 9503 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 9503 of 2026 V . Subendran Petitioner(s) Vs C.Dhanasekar Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to set aside the condition passed in M.P.No.1 of 2026 in Crl.A.No.324 of 2026 that “the petitioner shall deposit 20 % of the compensation amount to the credit of STC.No.2138 of 2023 on the file of the Trial Court within thirty days” passed by the Learned XX Additional City Civil Judge, Chennai. For Petitioner(s): Mr.O.Ravi ORDER Challenging the order dated 17.03.2026 made in Crl.M.P.No.1 of 2026 in Crl.A.No.324 of 2026 passed by the learned XX Additional Sessions Court, Allikulam, Chennai, directing the petitioner to deposit 20% of the compensation amount to the credit of STC.No.2138 of 2023 on the file of the trial Cour t within thirty days”, the petitioner has filed the present petition. 1 https://www.mhc.tn.gov.in/judis CRL OP No. 9503 of 2026 Facts in brief: 2. The petitioner/accused was convicted for the offence under Section 138 of Negotiable Instruments Act, 1881, in S.T.C.No. 2138 of 2023 on the file of the learned XXVII Metropolitan Magistrate, Saidapet, Chennai, vide order dated 05.02.2026, sentenced to undergo 6 months simple imprisonment and to pay a sum of Rs.4,00,000/- as compensation to the complainant, in default to undergo one month simple imprisonment. 2.1 Aggrieved by the same, the petitioner preferred an appeal befor e before the XX Additional Sessions Court, Allikulam, Chennai in Crl.A.No.324 of 2026 along with C.M.P.No.1 of 2026, seeking suspension of sentence, pending disposal of the appeal. The appellate Court vide order dated 17.03.2026, while suspending the sentence, directed the petitioner to deposit 20% of the compensation amount to the credit of S.T.C.No. 2138 of 2023 on the file of the learned XXVII Metropolitan Magistrate, Saidapet, wi thin a period of 30 days from the date of the order. Challenging the same, the petitioner has filed the present petition. 3. The learned counsel for the petitioner submitted that the cheque amount is only Rs.2,00,000/-, however, the appellate Court directed to deposit 20% of the compensation amount to the credit of S.T.C.No.2138 of 2023 before 2 https://www.mhc.tn.gov.in/judis CRL OP No. 9503 of 2026 the trial Court, which is highly excessive. He further submitted that the petitioner is ready and willing to deposit 20% of the cheque amount bef ore the trial Court. Thus, he prays for setting aside the said condition of depositing 20% of the compensation amount. 4. Heard the learned counsel for the petitioner and also perused the materials available on record. 5. Considering the above submission made by the learned counsel for the petitioner and taking into account the facts and circumstances of t he case, it would be appropriate to direct the petitioner to deposit 20% of the c heque amount to the credit of S.T.C.No.2138 of 2023 on the file of the learned XXVII Metropolitan Magistrate, Saidapet, within a period of three (3) w eeks from the date of receipt of a copy of this order being hosted in the High Court Website. 6. With the above observations and direction, this Criminal Original Petition is disposed of. 16.04.2026 Neutral Citation:Yes/No Jd 3 https://www.mhc.tn.gov.in/judis CRL OP No. 9503 of 2026 To 1. XX Additional Sessions Court, Allikulam 2. The Learned XXVII Metropolitan Magistrate, Saidapet. 3. The Public Prosecutor, Madras High Court, Chennai. 4 https://www.mhc.tn.gov.in/judis CRL OP No. 9503 of 2026 M.NIRMAL KUMAR J. jd CRL OP No. 9503 of 2026 16-04-2026 5 https://www.mhc.tn.gov.in/judis