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Madras High CourtCRL MP/19345/2025modified

D.J.Merly Devadoss v. P.T.Joseph

2025-10-17Honourable Mrs.Justice T.V.Thamilselvi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL RC NO. 179 OF 2025 D.J.Merly Devadoss S/O.Johnson Selvakumar, No.10, M.K.Gandhi Street, Redhills, Chennai600 052.

Petitioner(s) Vs P.T.Joseph S/O.Devaikiyam, No.39/18, Thiru.Vi.Ka.Street, Otteri, Chennai-600 012.

Respondent(s) PRAYER To modify the condition that the petitioner shall disposal the entire cheque amount, i.e.Rs.5,00,000/- (Rupees Five Lakhs only) after deducting the amount which was was already deposited by the petitioner, if any, to the credit of CC No.7144/2019 on the file of the Learned Metropolitan Magistrate, Fast Track Court-2, Allikulam, Chennai within a period of eight weeks from today imposed by this Honble Court in Crl.M.P.No.1399/2025 in Crl.R.C.No.179/2025 vide order dated 11.08.2025.

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CRL RC No. 179 of 2025 PRAYER To call for the records relating to order passed in C.A.No.140/2024 dated 06.12.2024 on the file of the XVI Additional Sessions Judge, Chennai, where by conforming the order passed by the Metropolitan Magistrate Fast Track Court No.2, Allikulam, Chennai in CC No.7144/2019 dated 01.02.2024 and set aside the same.

For Petitioner(s):

Mr.D.Rajendran For Respondent:

Mr. S.Santhanam

ORDER

This Criminal Miscellaneous Petition has been filed to modify the condition imposed on the petitioner that he shall deposit a entire cheque amount of Rs.5,00,000/- after deducting the amount, which was already deposited by him, if any to the credit of C.C.No. 7144 of 2019 on the file of learned Metropolitan Magistrate, Fast Track Court-2, Allikulam, Chennai within a period of eight weeks from today in Crl.M.P.No. 1399 of 2025 in Crl.R.C.No.179 of 2025 dated 11.08.2025.

2. The learned counsel for the petitioner submitted that he could not mobilise the entire cheque amount and he is ready to deposit a sum of Rs.2,00,000/- out of total cheque amount of Rs.5,00,000/- and he is intended to settle the issue. Hence, the present petition has been filed to modify the condition.

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3. Considering the facts and circumstances and also considering the reasons stated by the petitioners in the petition seems to be justifiable, this Court is inclined to modify the condition that the petitioner shall deposit a sum of Rs.3,00,000/- (Rupees three lakhs only) to the credit of C.C.No. 7144 of 2019 on the file of learned Metropolitan Magistrate, Fast Track Court-2, Allikulam, Chennai on or before 12.11.2025 and report the same before this court on the said day. Accordingly, this Criminal Miscellaneous Petition is ordered.

4. Post the matter on 12.11.2025.

17-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes rpp To Metropolitan Magistrate, Fast Track Court-2, Allikulam, Chennai 3/4

T.V.THAMILSELVI J.

rpp CRL MP No. 19345 of AND CRL RC NO. 179 OF 2025 17-10-2025 4/4