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Madras High CourtCRL OP/12631/2026disposed of

S.Senthil Kumar v. S.Dhanraj

2026-06-02Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.No.8595 of 2026 S.Senthil Kumar ..Petitioner(s) Vs V.S.Dhanraj ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to set aside the condition in Para No.5(2) that petitioner shall deposit 20% of the compensation amount into the credit of C.C.No.507 of 2020 before the trial court within a period of 60 days from the date of the order dated 20.01.2026 passed by the learned VII Additional District and Sessions Court, Chennai, in Crl.M.P.No.667 of 2026 in Crl.A.76 of 2026. For Petitioner(s):

M/s.R.Raji

ORDER

Challenging the condition imposed by the learned VII Additional District and Sessions Court, Chennai, in Crl.M.P.No.667 of 2026 in Crl.A.No.76 of 2026, directing the petitioner to deposit 20% of the compensation amount to the credit of C.C.No.507 of 2020 before the trial court within a period of 60 days

from the date of the order dated 20.01.2026, the present Criminal Original Petition has been filed.

2.The petitioner, who is the accused in C.C.No.507 of 2020 on the file of the VIII Metropolitan Magistrate Court, George Town, Chennai, filed for the offence under Section 138 of the Negotiable Instruments Act, was convicted by the trial Court by judgment dated 19.12.2025 and sentenced to undergo simple imprisonment for four months and to pay a sum of Rs.4,50,000/- as compensation within one month, in default, to undergo simple imprisonment for one month.

3.Aggrieved over the same, the petitioner filed an Appeal in Crl.A.No.76 of 2026, along with a petition for suspension of sentence in Crl.M.P.No.667 of 2026, before the VII Additional District and Sessions Court, Chennai. The Sessions Court, by order dated 20.01.2026, in Crl.M.P.No.667 of 2026 in Crl.A.No.76 of 2026, admitted the Appeal and suspended the sentence on condition that the petitioner deposits 20% of the compensation amount to the credit of C.C.No.507 of 2020 before the trial Court within 60 days and also directed the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties on or before 02.02.2026.

4.The petitioner, unable to mobilise the funds, filed a petition for extension of time before the Sessions Court in Crl.M.P.No.2653 of 2026 in Crl.M.P.No.667 of 2026 in Crl.A.No.76 of 2026 and the Sessions Court, by order dated 30.04.2026, extended the time and directed the petitioner to comply with the condition on or before 15.05.2026.

5.Now, challenging the condition imposed by the Sessions Court directing the petitioner to pay 20% of the compensation amount, the present petition has been filed by the petitioner/accused. 6.Learned counsel for the petitioner submitted that the petitioner is a waste picker and he took a loan of Rs.1,00,000/- from the respondent and since the petitioner could not repay the loan, the blank cheque given by the petitioner has been filled up by the respondent as if the petitioner had taken a loan of Rs.4,50,000/-. The learned counsel further submitted that the petitioner is a daily wager and he is unable to mobilise the funds. Hence, the learned counsel seeks for modification of the condition to 10% of the compensation amount and also prays for extension of time.

7.Considering the submissions of the learned counsel for the petitioner and also the materials available on record, this Court is of the view that the

contentions of the petitioner are on the merits of the case, which have to be decided only in the Appeal filed by the petitioner. Now, only the prayer of the petitioner for extension of time alone can be considered. In view of the same, this Court is inclined to extend the time for complying with the condition imposed by the Sessions Court to deposit 20% of the compensation amount, by four weeks. Accordingly, the petitioner is directed to deposit 20% of the compensation amount of Rs.4,50,000/-, which works out to Rs.90,000/- (Rupees Ninety Thousand only) before the trial Court to the credit of C.C.No.507 of 2020 within a period of four weeks. On such deposit being made within a period of four weeks, the trial Court shall receive the amount and appropriate the same to the credit of C.C.No.507 of 2020. 8.With these directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 02-06-2026 Index: Yes/No Speaking/Non-speaking order MKN

To 1.The VII Additional District and Sessions Judge, City Civil Court, Chennai.

2.The VIII Metropolitan Magistrate, George Town, Chennai.

M.NIRMAL KUMAR J.

MKN 02-06-2026