P.Udayakumar, v. Smt. Vijayalakshmi,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR P.Udayakumar ... Petitioner Vs.

Vijayalakshmi ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 BNSS, to modify the order dated 04.08.2025 passed in Crl.M.P.No.1 of 2025 in Crl.A.No.194 of 2025 on the file of the learned Principal District and Sessions Judge, Coimbatore by waiving or suitably reducing the condition to deposit 20% of the compensation amount.

For Petitioner : Mr.K.Prabhakaran

O R D E R

This petition has been filed to modify the order dated 04.08.2025 passed in Crl.M.P.No.1 of 2025 in Crl.A.No.194 of 2025 on the file of the learned Principal District and Sessions Judge, Coimbatore by waiving or suitably reducing the condition to deposit 20% of the compensation amount.

2. Learned counsel appearing for the petitioner submitted that the 1/4

the learned Principal District and Sessions Judge, Coimbatore while suspending the sentence imposed a condition directing the petiitoner to deposit 20% of the compensation amount within 45 days before the Trial Court. The petitioner is working in a furniture shop and sole breadwinner for his wife and two minor children with a meagre income. The petitioner has a very good case in appeal, therefore, seeks to reduce the condition to deposit 20% of the compensation amount.

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

4.No doubt, Section 148 Negotiable Instruments Act empowers the appellate Court to direct the appellant to deposit a minimum of twenty percent of the compensation awarded by the trial court. However, this Court without going into the merits of the case and considering the fact that the petitioner/accused is a sole bread winner, this Court is inclined to modify the condition imposed in Crl.MP.No.1 of 2025 in Crl.A.No.194 of 2025 vide order dated 04.08.2025.

5. Accordingly, the petitioner is directed to deposit 10% of the 2/4

compensation amount before the trial Court within a period of two weeks from the date of receipt of a copy of this order. The appellate Court shall dispose of the appeal as expeditiously as possible on its own merits. 17.09.2025 Internet : Yes/No To

1. The Principal District and Sessions Court, Coimbatore.

2.

The III Additional District and Sessions Court, Coimbatore.

3.

The Judicial Magistrate, Fast Track Court @ Magistrate Level -I, Coimbatore 4.

The Public Prosecutor, Coimbatore.

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N. SATHISH KUMAR , J.

dhk 17.09.2025 4/4