← Library
Madras High CourtCRL OP/27811/2025disposed of

M/S. Joyce Infratech Pvt. Ltd., v. B. Gunasekran

2025-10-13Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. M/s. Joyce Infratech Pvt. Ltd., No.2/31, Murali Street, Mahalingapuram, Nungambakkam, Chennai-600 034.

2.Joyce Victoria Founder and Chairperson, Joyce Group of Company, No.2/31, Murali Street, Mahalingapuram, Nungambakkam, Chennai-600 034. Also at No.3, 1st Street, Shanthipuram, Thirumullaivoyal, Chennai-33.

Petitioner(s) Vs B.Gunasekaran Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act to set aside the order dated 02.09.2025 in Crl.M.P.No.10018 of 2025 in STC No.6114 of 2023 passed by the Fast Track Court XXVI Metropolitan Magistrate Court at Egmore, Chennai.

For Petitioner(s):

Mr.S.Deivasigamani

ORDER

This Criminal Original Petition has been filed to set aside the order dated 02.09.2025 in Crl.M.P.No.10018 of 2025 in STC No.6114 of 2023 passed by the Fast Track Court XXVI Metropolitan Magistrate Court at Egmore, Chennai directing the petitioner to deposit 20% of cheque amount.

2. Heard the learned counsel for the petitioners and perused the materials available on record.

3. It is to be noted that the respondent has filed a complaint against the petitioners for offence punishable under Section 138 of Negotiable Instruments Act and to direct the petitioners to pay the cheque amount of Rs.3,00,000/- together with cost and the same has been taken on file in S.T.C. No.6114 of 2023 on the file of the XXVI Metropolitan Magistrate Court, Egmore. Pending case, the respondent has filed a petition in Crl.M.P.No.10018 of 2025 seeking 20% of the cheque amount as interim compensation and the same has been allowed by an order dated 02.09.2025. Aggrieved by the same, the present petition has been filed.

4. The learned counsel for the petitioner submitted that there are four cases pending against the petitioners and total amount pertains to the tune of Rs.50 Lakhs and all the cases are still pending, therefore, seeks to reduce the amount. Further, the petitioner is ready and willing to deposit 5% of the compensation amount in each case before the trial Court.

5. Considering the submissions made by the learned counsel for the petitioner, the nature of dispute and the fact that the case is pending, the impugned order passed by the learned XXVI Metropolitan Magistrate, Fast Track Court Court at Egmore, Chennai is modified to the effect that the petitioner shall deposit 10% of the compensation amount before the trial Court within a period of eight weeks from the date of this order.

6. With the above said direction, this Criminal Original Petition is disposed of.

13-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd

To The XXVI Metropolitan Magistrate, Fast Track Court, Egmore

N.SATHISH KUMAR J.

ssd CRL OP No. 27811 of 13-10-2025