M.Thirumalai v. S.Rajeswari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR AND CRL MP NO. 6452 OF 2026 M.Thirumalai Petitioner Vs S.Rajeswari Respondent PRAYER This criminal original petition is preferred under section 528 of BNSS seeking to set aside the order passed in Crl.MP.No.1 of 2026 in Crl.A.No.183 of 2026 dated 09.02.2026 by the learned V Additional City Civil and Sessions Court at Chennai and thus render justice.

For Petitioner(s):

Mr.M.Balasubramanian

ORDER

The petitioner, who was facing trial in section 138 of the Negotiable Instruments Act case, was convicted by the trial court in S.T.C.No.1024 of 2023 vide judgment dated 08.01.2026. The trial court sentenced the petitioner to undergo eight months simple imprisonment and to pay a compensation of Rs.75,00,000/- along with 6% interest per annum within one month, in default 1/4

to undergo four months simple imprisonment.

2.According to the learned counsel for the petitioner, aggrieved over the said judgment, the petitioner has preferred an appeal in Crl.A.No.183 of 2026 and also filed a suspension of sentence petition in Crl.M.P.No.1 of 2026. The lower appellate court while suspending the sentence had directed the petitioner to execute a bond for Rs.10,000/- with two sureties on or before 23.02.2026 and had further directed the petitioner to deposit 15% of the compensation amount to the credit of S.T.C.No.1024 of 2023 within sixty days from the date of the order. The learned counsel for the petitioner submitted that the petitioner was unable to mobilize the 15% of the compensation amount and hence filed the present petition seeking to reduce the deposit amount and also extension of time to deposit the same.

3.This court has heard the submission made by the learned counsel for the petitioner. Considering the nature of the case and the amount involved in this case, this court is not inclined to reduce the deposit amount of 15% of the compensation amount but is inclined to grant a time period of four weeks to deposit the same in the light of the submissions made by the learned counsel for the petitioner. Accordingly, the time is granted and the petitioner shall deposit 15% of the compensation amount on or before 03.07.2026, as directed by the lower appellate court to the credit of S.T.C.No.1024 of 2023 before the learned Metropolitan Magistrate, Fast Track Court V, Saidapet, Chennai. It is made clear 2/4

that no further extension of time shall be granted to the petitioner and if the petitioner fails to deposit the 15% of the compensation amount within the stipulated period, i.e., on or before 03.07.2026, the suspension of sentence granted by the lower appellate court shall stand cancelled. Accordingly, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

04-06-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes vvk To 1.The V Additional City Civil and Sessions Court, Chennai.

2.Metropolitan Magistrate, Fast Track Court V, Saidapet, Chennai.

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M.NIRMAL KUMAR J.

vvk CRL OP No. 9124 of AND CRL MP NO. 6452 OF 2026 04-06-2026 4/4