V.Radha v. Sunil Kumar Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.170 of 2026 V.Radha ... Petitioner Vs.

Sunil Kumar Reddy ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside and to modify the condition imposed in para 8 of the impugned order of the XX Additional Sessions Court, Allikulam, Chennai, dated 19.12.2025 in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025. For Petitioner : Mr.A.Thirumaran

O R D E R

The present Criminal Original Petition has been filed seeking to set aside and to modify the condition (8) imposed in the order passed by the XX Additional Sessions Court, Chennai, dated 19.12.2025, in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025.

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2.

The brief facts of the case are as follows:- 2.1. The complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent against the petitioner before the learned 27th Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.8850 of 2017.

2.2. On 19.11.2025, the trial Court found the petitioner/accused guilty, convicted her and sentenced her to undergo one year simple imprisonment and further directed her to pay a sum of Rs.72,00,000/- as compensation within two months, in default to undergo three months simple imprisonment.

2.3. Against the said judgment, the petitioner preferred an appeal in Crl.A.No.1535 of 2025 along with a petition in Crl.M.P.No.1 of 2025 seeking suspension of sentence. On 19.12.2025, the XX Additional Sessions Judge, City Civil Court, Chennai, while suspending the sentence imposed on the petitioner, directed her to deposit 20 % of the compensation amount before the trial Court within sixty days from the date of the said order. Aggrieved by the same, the present petition has been filed. 3.

Learned counsel appearing for the petitioner submitted that the petitioner, being a house wife, is unable to mobilize the huge amount. 2/5

He further submitted that the petitioner has a good and meritorious case in appeal. Therefore, he prayed that the order directing the petitioner to deposit 20 % of the compensation amount may be set aside. 4.

Heard the learned counsel for the petitioner and perused the materials available on record.

5.

On perusal of the records, this Court finds that the appellate Court, while holding that the petitioner/appellant has made out arguable points in the main appeal, has suspended the sentence and imposed certain conditions. However, taking into account the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner that there are arguable grounds in the appeal and that the petitioner has a good case on merits, this Court is inclined to modify the condition imposed by the appellate Court vide order dated 19.12.2025 in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025, directing the petitioner to deposit 20% of the compensation amount.

6.

Accordingly, the direction to deposit 20 % of the compensation amount is hereby modified as 10 %. Therefore, the petitioner 3/5

is directed to deposit 10 % of the compensation amount before the trial Court within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that all other conditions remain unaltered. 7.

With the above directions, this Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is also closed.

12.01.2026 ham To 1.

The XX Additional Sessions Court, Allikulam, Chennai.

2.

The 27th Metropolitan Magistrate, Saidapet, Chennai, 4/5

A.D.JAGADISH CHANDIRA , J.

ham and Crl.M.P.No.170 of 2026 12.01.2026 5/5