Nageshwara Rao v. Ramesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2025

CORAM:

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA Nageshwara Rao ... Petitioner Vs.

Ramesh ... Respondent PRAYER: Criminal Original Petitions filed under Section 528 of B.N.S.S. to set aside the adjudication order dated 10.09.2025 in Crl.407 of 2025 passed by the II Additional Court, Chennai and extend the time for depositing 20% of the cheque amount as directed while suspending the sentence in Crl.M.P.No.1 of 2025 in Crl.A.No.407 of 2025 pending before the II Additional Sessions Court, Chennai.

For Petitioner : Mr.M.Illiyas

O R D E R

This Criminal Original Petition has been filed to set aside the adjudication order dated 10.09.2025 in Crl.A.407 of 2025 passed by the II Additional City Civil Court, Chennai and extend the time for depositing 20% of the cheque amount as directed while suspending the sentence in 1/5

Crl.M.P.No.1 of 2025 in Crl.A.No.407 of 2025, pending before the I Additional Sessions Court, Chennai.

2. The learned counsel for the petitioner would submit that against the judgment of conviction and sentence dated 20.02.2025, imposed by the learned Metropolitan Magistrate, FTC-IV, George Town, Chennai, in STC No.2733 of 2023, for the offence under Section 138 of Negotiable Instruments Act, the petitioner preferred an appeal in C.A.No.407 of 2025 before the Principal Sessions Judge, Chennai, along with an application seeking suspension of sentence pending disposal of the appeal. The learned Sessions Judge, by order dated 26.03.2025, suspended the sentence by imposing two conditions viz., the petitioner shall execute a bond for Rs.10,000/- with two sureties each for a likesum to the satisfaction of the learned Metropolitan Magistrate, FTC-IV, George Town, Chennai on or before 02.04.

2025 and also to deposit 20% of the compensation amount before the trial Court to the credit of STC, within a period of 60 days from the date of order. The learned counsel would submit that due to unforeseen and unavoidable circumstances, the petitioner could not comply with the said conditions. On 10.09.2025, the petitioner could not appear before the Court and hence, he filed an application under Section 355 BNSS.

the conditional order of the Principal Judge was not complied with and also directed the trial Court to execute the Warrant and to report by 08.10.2025. Hence, challenging the same, the present petition is filed.

3. The learned counsel for the petitioner would submit that the petitioner has got a good case on merits. The petitioner, without prejudice to his rights and contentions, is ready to deposit 10% of the cheque amount and would seek for modification and extension of time.

4. Considering the submissions of the learned counsel for the petitioner, the adjudication order dated 10.09.2025 passed in Crl.A.407 of 2025 by the II Additional City Civil Court, Chennai, is set aside.

5. The condition imposed by the I Additional Sessions Judge, Chennai in Crl.M.P.No.1 of 2025 in Crl.A.No.407 of 2025 dated 26.03.2025, in respect of deposit of 20% of the compensation amount before the trial Court, is modified to the effect that the petitioner shall deposit 10% of the compensation amount before the trial Court to the credit of STC No.2733 of 2023, within a period of four weeks from today (07.11.2025). 3/5

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

07.11.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order Note: Issue order copy on 11.11.2025.

To

1. The Principal Sessions Judge, City Civil Court, Chennai

2. The I Additional Sessions Judge, City Civil Court, Chennai

3. The II Additional Sessions Judge City Civil Court, Chennai.

4. The Metropolitan Magistrate, FTC-IV, George Town, Chennai, 4/5

A.D.JAGADISH CHANDIRA J.

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