Madras High CourtCRL OP/1073/2026disposed of

Balasubramaniyan v. K.Vengadesan

2026-04-09Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR and Crl.M.P.No.638 of 2026

1. Balasubramaniyan S/o.Dhandapani, Cuddalore Main Road, Rampakkam Village and Post, Cuddalore district. Petitioner(s) Vs

1. K.Vengadesan S/o.Kannaiyan, 13A, Second Cross, Thiru Vi Ka Nagar, Mudaliarpet, Puducherry.

Respondent(s) PRAYER To set aside the order passed in Crl.MP.No.1 of 2025 in Crl.A.No.54 of 2025 dated 08.08.2025 on the file of the Principal Sessions Judge, Puducherry against STC No.598 of 2017 on the file of the Judicial Magistrate Fast Track Court, Puducherry dated 26.06.2025.

For Petitioner(s):

Mr.S.C.Vishwanth

ORDER

The petitioner / accused in a private complaint lodged by the respondent in STC.No.598 of 2017 for the offence punishable under Section 138 of the Negotiable Instruments Act has filed this petition. 1 / 4

2.The learned Judicial Magistrate, Fast Track Court, Puducherry, by order dated 26.06.2025 in STC.No.598 of 2017 convicted the petitioner. Thereafter, the petitioner preferred an appeal in Crl.A.No.54 of 2025 and filed suspension of sentence petition in M.P.No.1 of 2025 in Crl.A.No.54 of 2025. The learned Principal Sessions Judge, Puducherry, by order dated 08.08.2025, in M.P.No.1 of 2025 in Crl.A.No.54 of 2025, suspended the sentence of the petitioner and directed the petitioner to deposit 20% of the cheque amount within a period of two months. Challenging the said order, the present petition has been filed by the petitioner.

3.The learned counsel for the petitioner submitted that the petitioner is unable to mobilise the amount and now the petitioner is ready to deposit the amount and he would deposit 20% of the cheque amount before the Trial Court in STC.No.598 of 2017.

4.In view of the above, the petitioner is directed to deposit 20% of the cheque amount, as undertaken by him, within a period of two weeks from the date of receipt of a copy of this order and thereafter on deposit of 20% of the cheque amount, the Appellate Court to dispose of the appeal in Crl.A.No.54 of 2025 without further delay.

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5.With the above directions, this Criminal Original Petition is disposed of. Consequently, the connected miscellaneous petition is closed. No costs. 09-04-2026 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.K.Vengadesan S/o.Kannaiyan, 13A, Second Cross, Thiru Vi Ka Nagar, Mudaliarpet, Puducherry.

2.The learned Principal Sessions Judge, Puducherry.

3.The learned Judicial Magistrate, Fast Track Court, Puducherry.

4.The Public Prosecutor, High Court of Madras, Chennai.

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M.NIRMAL KUMAR J.

krk CRL OP No. 1073 of 2026 and Crl.M.P.No.638 of 2026 09-04-2026 4 / 4