Aneesh S.Babu v. Palani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Aneesh S.Babu S/o.Surendra Babu, Omkaram, Kakkodu, Aickarakonam, Punalur, Kollam, Kerala-691 305.

Petitioner(s) Vs

1. Palani S/o.D.Muniyandy, Flat No.4A, 4th Floor, Sree Narayana Apartments, Z233, 6th Street, Z-Block, Anna Nagar, Chennai-600 040.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to set aside the order dated 25.06.2025 of the Learned VI Additional City Civil Court, Chennai in Crl.M.P.No.5519 of 2025 in C.A.No.640 of 2025 and pass any such further orders as this Honble Court may deem fit and proper in the interest of the case.

For Petitioner(s):

Mr.K.R. Ramesh Kumar

ORDER

Challenge has been made to the Order of the appellate Court imposing the condition to deposit 20% while suspending sentence awarded by the trial Court in a complaint lodged under section 138 of the Negotiable Instruments Act.

2. It is the contention of the petitioner that the appellate Court has not taken note of the fact that the payments have been made by way of bank transfer. It is his further contention that the amount claimed by the complainant/respondent itself is disputed by the petitioner.

3. As per the submissions of the petitioner he had made various payments. However, while calculation, there appears to be some mistake. In such view of the matter, the instead of 20% of the compensation amount, the petitioner is directed to deposit 10% of the compensation amount within a period of two weeks from the date of receipt of a copy of this Order.

4. With the above directions, this Criminal Original Petition is disposed of.

14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To The VI Additional Judge, City Civil Court, Chennai.

N.SATHISH KUMAR J.

vrc 14-08-2025