M/S. Rks Studio Rep By Its Managing Director v. V.N.Sundararajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and Crl.M.P.No.24565 of 2025 M/s.RKV Studios, Represented by its Managing Director, R.K.Venkatathiri No.58B, Ground Floor Balaji Nagar 2nd Street, Virugambakkam, Chennai - 600 092 ... Petitioner Vs.

V.N.Sundararajan ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside the condition with respect to the deposit of 20 % of the compensation amount to the credit of C.C.No.1496 of 2019 on the file of the trial Court within sixty days from the date of the order imposed in the order dated 09.10.2025 by the II Additional City Civil Court at Chennai in Crl.M.P.No.1 of 2025 in Crl.A.No.1225 of 2025.

For Petitioner : Mr.R.Thirumoorthy 1/5

O R D E R

The present Criminal Original Petition has been filed seeking to set aside one of the conditions passed by the II Additional City Civil Court, Chennai, dated 09.10.2025, in Crl.M.P.No.1 of 2025 in Crl.A.No.1225 of 2025.

2.

The brief facts of the case are as follows:- 2.1. The complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent/complainant against the petitioner/accused before the learned Metropolitan Magistrate, Fast Track Court - V, Chennai, in C.C.No.1496 of 2019.

2.2. On 09.09.2025, the trial Court found the petitioner/accused guilty, convicted and sentenced him to undergo seven months simple imprisonment and directed him to pay a compensation of Rs.15,00,000/-.

2.3. Against the said judgment, the petitioner preferred an appeal in Crl.A.No.1225 of 2025 along with a petition in Crl.M.P.No.1 of 2025 seeking suspension of sentence. On 09.10.2025, the learned II Additional Judge, City Civil Court, Chennai, while suspending the sentence imposed by the trial Court, directed the petitioner to deposit 20 % of the 2/5

compensation amount to the credit of C.C. number on the file of the trial Court within sixty days. Aggrieved by the said condition, the present petition has been filed.

3.

Learned counsel appearing for the petitioner submitted that the petitioner is not in a position to pay such a huge amount. He further submitted that the petitioner has a good and meritorious case in appeal. Therefore, he prayed that the order directing the petitioner to deposit 20 % of the compensation amount may be set aside.

4.

Having heard the learned counsel for the petitioner and perused the materials available on record, this Court is of the view that the appellate Court, considering that the petitioner/appellant has made out arguable points in the main appeal, has suspended the sentence and imposed certain conditions. However, taking into account the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner that there are arguable grounds in the appeal and that he has a good case on merits, this Court is inclined to modify the condition imposed by the appellate Court vide order dated 09.10.2025 in Crl.M.P.No.1 of 2025 in Crl.A.No.1225 of 2025, directing the petitioner to deposit 20% of the compensation amount. Accordingly, the direction to deposit 20 % of the 3/5

compensation amount is hereby modified as 10 %. It is also made clear that all other conditions remain unaltered.

5.

At this juncture, the learned counsel appearing for the petitioner prayed that some reasonable time may be granted to the petitioner to comply with the said condition.

6.

Accordingly, the petitioner is directed to deposit 10 % of the compensation amount before the trial Court within a period of four weeks from the date of receipt of a copy of this order. 7.

With the above modification direction, this Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed.

19.12.2025 ham To 1.

The II Additional Judge, City Civil Court, Chennai.

2.

The Metropolitan Magistrate, Fast Track Court - V, Chennai, 4/5

A.D.JAGADISH CHANDIRA , J.

ham and Crl.M.P.No.24565 of 2025 19.12.2025 5/5