Madras High CourtCRL OP/26859/2025disposed of

M.Balaji v. Susai

2025-10-08Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR and Crl.M.P.No.18290 of 2025 M.Balaji S/O. R.Muthukumarasamy, No.27, Velamudali Street, Kurinjipadi Taluk, Cuddalore District.

Petitioner(s) Vs Susai S/o. Antonysamy, No.3, Spt Mani Nagar, Extension 2, Gandhi Nagar, Vadakuthu, Kurinjipadi, Cuddalore District.

Respondent(s) PRAYER This Criminal Original Petition has been filed under section 528 of BNSS to set aside the order dated 11.07.2025 in Crl.M.P.No.4830/2025 in

Crl.A.No.54/2025 on the file of the Learned Principal District and Session Judge, Cuddalore, in so far as the same relates to imposition of impugned condition directing the petitioner herein to deposit 20 percentage of the cheque amount before the concerned Magistrate.

For Petitioner(s):

Mr. P.Dineshkumar

ORDER

Challenging the order of the First Appellate Court directing the petitioner to deposit 20% of the cheque amount before the Magistrate Court within a period of 15 days, the present Criminal Original Petition has been filed.

2. The learned counsel for the petitioner would submit that since the petitioner has not complied with the order passed by the learned Principal district and Sessions Judge, Cuddalore in Crl.M.P.No.4830 of 2025 in C.A.No.54 of 2025 dated 11.07.2025, he has been remanded to Judicial Custody.

3. He would further submit that the petitioner is now ready and willing to deposit 10% of the cheque amount. Therefore, he seeks modification of the order of the First Appellate Court dated 11.07.2025.

4. I have considered the submission of the learned counsel for the petitioner in the light of the materials available on record.

5. Considering the fact that the petitioner is now in custody and also taking into account his willingness to deposit 10% the cheque amount, I am inclined to modify the order of the First Appellate Court to the extent sought for and permit the petitioner to deposit 10 % of the cheque amount instead of 20%.

6. Accordingly, the petitioner is directed to deposit 10% of the cheque amount to the credit of STC.No.295 of 2022 before the District Munsif cum Judicial Magistrate, Neyveli, within a period of three(3) weeks from today. On such deposit, the First appellate Court is directed to consider the petitioner's bail

application on the same day and pass appropriate orders in accordance with law.

7. With the above directions, this Criminal Original Petition is disposed of. Consequently, connected miscellaneous petition is closed. 08-10-2025 mrp Note : Issue order copy on 09.10.2025.

1. The Principal District and Sessions Court, Cuddalore District, Cuddalore.

2. The District Munsif cum Judicial Magistrate, Neyveli.

N.SATHISH KUMAR J.

mrp 08-10-2025