Iliyas Ahamed v. V.Sankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-01-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN AND CRL RC NO. 2240 OF 2024 Iliyas Ahamed, S/O.Rafi Ahamed, 79/A, Rajappa Nagar West 2nd Street, Rail Nagar, Ariya Mangalam, Thiruchirapalli, Chennai -10.

Now Residing At 2/85-A, Arunachalam Nagar, Karapakkam, Chennai - 600 097.

..Petitioner(s) Vs V.Sankar S/o. Mr. T.M. Venkatraman, Residing at, Flat No.4, Door No.4/29, 8th Street, Viduthalai Nagar, S.Kolathur, Chennai 600117.

..Respondent(s) PRAYER IN CRL MP No. 155 of 2026 Criminal Miscellaneous Petition filed under Sec.528 of B.N.S.S./482 of Cr.P.C., To permit the Petitioner to withdraw the amount of Rs.1,75,000/- being the 50 per of the Cheque Amount deposited by the Respondent in C.C.No.129 of 2019 on the file of the Fast Track Court, at Alandur, Chennai. PRAYER IN CRL RC No. 2240 of 2024 Criminal Original Petition filed under Sec.397 and 401 of Cr.P.C. r/w 438 and 442 of B.N.S.S., to call for the records and set aside the conviction and sentence passed by the learned Judicial Magistrate, Fast Track Court, (Magisterial level), Alandur made in C.C.No.129/2019 dated 26.08.2022 __________Page 1 of 4

convicting him U/s.138 of NI Act, sentencing him to undergo 10 months S.I and directed to pay a sum of Rs.4,27,000/- within one month and in default to undergo further period of 2 months S.I. which was confirmed by learned District and SJ, Kancheepuram at Chengalpattu made in C.A.No.55 of 2022 dated 24.09.2024.

For Petitioner(s):

Mr.B.Sivakumar For Respondent(s):

Mr.T.R.Ravi

ORDER

The petitioner, who is the respondent in the above Revision seeks permission to withdraw the amount of Rs.1,75,000/- being 50% of the cheque amount deposited by the respondent herein and the petitioner in the above Revision to the credit of C.C.No. 129 of 2019 on the file of the Fast Track Court, Alandur, Chennai.

2. The learned counsel for petitioner would submit that pending Revision, the parties had arrived a compromise and the Revision Case was disposed of in terms of compromise. However, in the said order, this Court had not referred the deposit made to the respondent herein, to which, the petitioner is entitled. Hence, the petitioner was not permitted by the learned Magistrate to withdraw the said amount.

3. The learned counsel for respondent confirmed that the petitioner is entitled to withdraw the amount of Rs.1,75,000/- deposited to the credit of C.C.No. 129 of 2019 on the file of learned Fast Track Court, Alandur, Chennai. __________Page 2 of 4

4. Considering submissions on either side, this Court permits the petitioner to withdraw the said amount deposited to the credit of C.C. No.129 of 2019. The learned Magistrate may refund the money as expeditiously as possible with accrued interest if any. Accordingly, this Criminal Miscellaneous Petition is ordered.

09-01-2026 RPP To The Fast Track Court, Alandur, Chennai.

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SUNDER MOHAN J.

RPP AND CRL RC NO. 2240 OF 2024 09-01-2026 __________Page 4 of 4