← Library
Madras High CourtCRL OP/29525/2025ordered

K.M.Bheemesh v. M/S.Chemoleums India Pvt.Ltd.,

2025-10-30Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025 CORAM :

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA K.M.Bheemesh ... Petitioner Vs.

M/s.Chemoleums India Pvt. Ltd., Rep. by V.Venkat Raj, S/o.T.Venkatraman, T-3, Jains Anabel No.3, 3rd Crecent Park Road, Gandhi Nagar, Adyar, Chennai - 600 020.

... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S, praying to modify the condition imposed in Para 7 of the order, dated 18.09.2025 in M.P.No.1 of 2025 in C.A.No.1139 of 2025 directing the petitioner to deposit 20% of the compensation amount. For Petitioner : Mr.Santhoshkumar Ravi

ORDER

Aggrieved over the order passed by the appellate court in M.P.No.1 of 2025 while suspending the sentence for the offence under Section 138 of Negotiable Instruments Act, by directing the petitioner to deposit 20% of the compensation amount, the petitioner has come up with the present petition.

2. The grievance of the petitioner is that the cheque was issued for Rs.7 Lakhs, but the trial court has awarded a compensation of double the

cheque amount. According to the petitioner, the petitioner is ready to deposit 20% of the cheque amount. Hence, he prayed for modification of the compensation amount.

3. Considering the nature of the submissions and the cheque amount is admittedly for Rs.7 Lakhs and no doubt the object behind directing to deposit is to recover the amount, this Court is of the view that it will be proper if the petitioner deposits 20% of the cheque amount, at this stage, since the appeal is said to be heard.

4. In such view of the matter, the order of the appellate court in M.P.No.1 of 2025 in C.A.No.1139 of 2025 dated 18.09.2025, is modified to the effect that the petitioner is directed to deposit 20% of the cheque amount within a period of two weeks from the date of receipt of copy of this order With the above said modification, this petition is ordered. 30.10.2025 Index : Yes/No Speaking Order : Yes/No : Yes / No vum Note: Issue Order copy on 30.10.2025 To:

1. The XV Additional Sessions Judge, Chennai . A.D.JAGADISH CHANDIRA ,J.,

vum Crl.O.P.Nos.29525 of 2025 30.10.2025