Madras High CourtCRL OP/26134/2025disposed of

B.Selvakumar v. M.Sugumar

2025-09-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR B.Selvakumar ... Petitioner Vs.

M.Sugumar ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 BNSS, to set side the order passed by the Principal District and Sessions Judge, Tiruvallur in Crl.M.P.No.4623/2024 in Crl.A.No.142/2024 dated 10.08.2024 and enlarge the petitioner on bail. For Petitioner : Mr.D.Senthil

ORDER

This petition has been filed to set aside the order passed by the Principal District and Sessions Judge, Tiruvallur in Crl.M.P.No.4623/2024 in Crl.A.No.142/2024 dated 10.08.2024 and enlarge the petitioner on bail.

2. Learned counsel appearing for the petitioner submitted that the the learned Principal District and Sessions Judge, Tiruvallur while suspending the sentence imposed a condition directing the petitioner to deposit 20% of the compensation amount within 60 days before the Trial 1/4

Court. The petitioner is the sole breadwinner for his wife and two minor children with a meager 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.4623 of 2024 in Crl.A.No.142 of 2024 vide order dated 10.08.2024.

5. Accordingly, deposit of 20% of compensation amount ordered by the First Appellate Court alone is reduced to 10% of the compensation amount. Except the above modification, the other conditions imposed by the First Appellate Court remains intact.

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6. In view of the above, this petition stands disposed of. 23.09.2025 Internet : Yes/No dhk Note: Issue today To

1. The Principal District and Sessions Judge, Tiruvallur 2.

The I Additional District and Sessions Court, Tiruvallur 3.

The Judicial Magistrate, Fast Track Court @ Magistrate Level, Tiruvallur 4.

The Public Prosecutor, Tiruvallur.

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N. SATHISH KUMAR , J.

dhk 23.09.2025 4/4