Ramachandran v. Manoj Kumar Gnanasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Ramachandran

...Petitioner

Vs.

Manoj Kumar Gnanasundaram

...Respondent

Criminal Original Petition filed under Section 528 of BNSS, 2023 to modify the condition passed by the Additional District and Sessions Judge, Chegalpattu in Crl.M.P.No.3334 of 2025 in Crl.A.No.117 of 2025 dated 27.10.2025, directing the petitioner to deposit 20% of the compensation amount before the trial court to the credit of CC.No.213 of 2023. For Petitioner : Mr.G.Nani Prabhu 1/6

ORDER

This criminal original petition has been filed seeking to modify the condition imposed by the learned Additional District and Sessions Judge, Chengalpattu, vide order dated 27.10.2025 made in Crl.M.P.No.3334 of 2025 in Crl.A.No.117 of 2025, directing the petitioner to deposit 20% of the compensation amount to the credit of CC.No.213 of 2023.

2. The brief facts of the case are as follows: The respondent/complainant initiated proceedings under Section 138 of the Negotiable Instruments Act (in short 'NI Act') against the petitioner/accused in CC.No.213 of 2023 before the learned Judicial Magistrate, Fast Track Court (at Magistrate Level), Alandur and the trial court, vide order dated 08.07.2025 convicted the petitioner for the offence under Section 138 of the NI Act and sentenced him to undergo three months simple imprisonment and further directed him to pay a fine of Rs.11,30,000/- 2/6

(Rupees Eleven Lakhs Thirty Thousand only) as compensation in favour of the respondent/complainant within one month and in default to undergo simple imprisonment for a further period of two months. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.117 of 2025 along with a petition in Crl.M.P.No.3334 of 2025, seeking suspension of sentence. The learned Additional District and Sessions Judge, Chengalpattu, vide impugned order dated 27.10.2025, while suspending the sentence imposed on the petitioner, directed the petitioner to deposit 20% of the compensation amount ie., Rs.2,26,000/- before the trial Court within 30 days from the date of the said order. Aggrieved by the same, the present petition has been filed.

3. Learned counsel for the petitioner submitted that the petitioner has a good and meritorious case in appeal. Therefore, he prayed that the condition imposed by the Appellate Court, vide impugned order directing the petitioner to deposit 20% of the compensation amount may be modified. 3/6

4. Having heard the learned counsel for the petitioner and having perused the materials available on record and considering that the condition qua deposit of 20% of the compensation amount imposed by the Appellate Court in Crl.M.P.No.3334 of 2025 in Crl.A.No.117 of 2025 dated 27.10.2025, is a bit onerous, the said condition is hereby reduced to 10%.

5. Accordingly, the petitioner is directed to deposit 10% of the compensation amount ie., Rs.1,13,000/- (Rupees One Lakh Thirteen Thousand only) before the trial Court within a period of two (2) weeks from the date of receipt of a copy of this order. It is also made clear that all other conditions made in the impugned order shall remain unaltered. 4/6

6. With the above directions, this Criminal Original Petition stands disposed of.

01.12.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No Note to office:

Issue order copy on .1 2 .2025.

To:

1. The Additional District and Sessions Judge, Chengalpattu.

2. The Judicial Magistrate, Fast Track Court (Magistrate Level), Alandur.

5/6

A.D.JAGADISH CHANDIRA, J.

skt 01.12.2025 6/6