Madras High CourtCRL OP/25774/2025disposed of

R.Gothamchand v. C.Mothichand

2025-09-19Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 25774 of 2025 & Crl.M.P.No.17493 of 2025 R.Gothamchand Petitioner(s) Vs C.Mothichand Respondent(s) PRAYER Criminal Original Petition filed under Section 438 r/w 442 of BNSS Act to call for the records and set aside the order passed by the Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253/2024 in STC No.92/2023 dated 18.03.2025 and allow the Criminal Original Petition. For Petitioner:

Mr.R.Shivakumar for M/s K.M.Vijayan Associates

ORDER

This Petition has been filed to call for the records and set aside the order passed by the Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253/2024 in STC No.92/2023 dated 18.03.2025 and allow the Criminal Original Petition.

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

3. The petitioner is the accused in STC No.92 of 2023 on the file of the Fast Track Court at Magistrate Level, Mayiladuthurai for the offence under Section 138 of the Negotiable Instruments Act. The defacto complainant filed Crl.M.P.No.253 of 2024 before the said Court under Section 143(A) of Negotiable Instruments Act to direct the petitioner to deposit 20% of the cheque amount, as interim compensation. The Fast Track Court at Magistrate Level, Mayiladuthurai, by an order dated 18.03.2025 directed the petitioner to deposit 20% of the cheque amount to the complainant's account within a period of 60 days from the date of the order. Aggrieved by the same, this criminal original petition has been filed.

4. The learned counsel for the petitioner submitted that the petitioner is ready to deposit 10% of the compensation amount before the trial Court. He further submitted that the petitioner had already made payments to the Bank.

5. Considering the submissions made by the learned counsel for the petitioner that the petitioner had already made payments to the Bank and also 2/4

considering the nature of dispute, the impugned order passed by the learned Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253 of 2025 in S.T.C.No.92 of 2023 (which is now pending on the file of the Judicial Magistrate, Fast Track Court at Magistrate Level, Mayiladuthurai) is modified to the effect that the petitioner shall deposit 10% of the compensation amount before the trial Court within a period of two weeks from the date of this order.

6. With the above said direction, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petition is closed. 19-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Judicial Magistrate, Fast Track Court, Mayiladuthurai 3/4

N.SATHISH KUMAR J.

ssd CRL OP No. 25774 of 19-09-2025 4/4