C. Balasubramanian v. Ramesh

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL.MP(MD)No.13426 of 2025 in CRL.RC(MD)No.1033 of 2025 C.Balasubramanian, S/o.Chellappan, Andipalayam Veerarangiyam Post, Krishnarayapuram Taluk, Karur District.

... Petitioner Vs.

Ramesh, S/o.Kandasamy, Andipalayam, Veerarakkiam Post, Krishnarayapuram Taluk, Karur District.

... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to modify the order dated 17.09.2025 made in Crl.RC. (MD)No.1033 of 2025.

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For Petitioner : Mr.P.Rajagopalan For Respondent : Mr.V.S.Kumaraguru *****

O R D E R

Heard Mr.P.Rajagopalan, learned counsel for the Petitioner and Mr.V.S.Kumaraguru, learned counsel for the Respondent.

2. This Criminal Miscellaneous Petition has been filed by the petitioner to modify the order dated 17.09.2025 made in Crl.RC.(MD)No.1033 of 2025.

3. Mr.P.Rajagopalan, learned counsel appearing for the petitioner, submits that this Court, vide order dated 17.09.2025, directed the petitioner to deposit the balance amount, apart from the amount already deposited before the trial court, and to produce the deposit receipt before this Court on the next date fixed. He prays this Court to modify the said order by directing the petitioner to pay 25% of the cheque amount. 2/8

4. I have heard the learned counsel for the Revision Petitioner and perused the materials placed on record.

5. For better appreciation, the order dated 17.09.2025 passed by this Court in the present Criminal Revision Petition is extracted hereunder:

"The Criminal Revision Petition is filed to call for the entire records of the judgment dated 06.10.2022 made in STC No.10 of 2021 on the file of District Munsif Cum Judicial Magistrate, Krishnarayapuram by partly allowing the judgment dated 24.07.2024 made in C.A.No.12 of 2023 on the file of Principal District Court, Karur.

2. Heard Mr.P.Rajagopalan, learned counsel appearing for the Petitioner and Mr.Kannan, learned counsel for Mr.V.S.Kumaraguru, learned counsel appearing for the Respondent.

3. When the matter is taken up for hearing, Mr.P.Rajagopalan, learned counsel for the Petitioner submits that as per the direction issued by the District Munsif cum Judicial Magistrate, Krishnarayapuram, vide order dated 06.10.2022 in S.T.C.No.10 of 2021, wherein the Petitioner/accused is directed to pay 3/8

compensation amount of Rs.10,00,000/- to the Respondent/complainant, the Petitioner has paid Rs.1,25,000/-, before the Trial Court and thereafter the Principal District and Sessions Judge, Karur in Criminal Appeal No.12 of 2023, dated 24.07.2024, modified the judgment of the Trial Court and directed the Petitioner to pay Rs.5,00,000/- as compensation to the Respondent.

4. The learned counsel further submits that now the Petitioner is ready to deposit the balance amount apart from the amount already deposited before the Trial Court and requests that some time be granted to deposit the balance amount.

5. Mr.Kannan, learned counsel for Mr.V.S.Kumaraguru, learned counsel appearing for the Respondent, stated that he has no objection to the prayer made by the learned counsel for the Petitioner.

6. Accordingly, this Court grants one week time to the Petitioner to deposit the balance amount apart from the amount already deposited before the Trial Court. The learned counsel is also directed to produce the deposit receipt before this Court on the next date fixed.

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7. Put up this case "For Orders" on 25.09.2025 before the appropriate bench."

6. After perusing the modified application and the order dated 17.09.2025, passed by this Court in the present revision petition, I find no necessity to modify the order, as it appears to be correct with no errors found.

7. In the present case, the District Munsif cum Judicial Magistrate, Krishnarayapuram, vide order dated 06.10.2022, in S.T.C.No.10 of 2021, directed the petitioner/accused to pay a compensation amount of Rs. 10,00,000/- to the respondent/complainant. The petitioner had already paid Rs. 1,25,000/- before the trial court. Subsequently, the Petitioner filed Criminal Appeal before the Principal District and Sessions Judge, Karur, in Criminal Appeal No.12 of 2023, and the Lower Appellate Court vide order dated 24.07.2024, modified the judgment of the trial court and directed the petitioner to pay Rs.5,00,000/- as compensation to the respondent. Given that the petitioner has already paid Rs.1,25,000/-, it is reasonable and justified for the petitioner to 5/8

deposit the balance amount apart from the amount already deposited before the Trial Court.

8. Therefore, the order passed by this Court dated 17.09.2025 directing the petitioner to deposit the balance amount, apart from the amount already deposited, is justified and requires no modification. The petitioner's prayer to pay only 25% of the cheque amount is not tenable under these circumstances.

9. In view of the above observations, this Criminal Miscellaneous Petition stands rejected. File is consigned to record. No order as to costs.

Index :Yes / No 25.09.2025 Internet :Yes / No NCC :Yes / No Nsr 6/8

To:

1.The District Munsif Cum Judicial Magistrate, Krishnarayapuram.

2. The Principal District and Sessions Judge, Karur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SHAMIM AHMED , J.

Nsr Order made in Crl.M.P.(MD)No.13426 of 2025 25.09.2025 8/8