Modification of a deposit condition in a criminal appeal based on the merits of the case.

ORDER

The present Criminal Original Petition has been filed seeking to modify the condition imposed by the XV Additional Sessions Judge, Chennai, dated

19.12.2025, in Crl.M.P.No.01 of 2025 in Crl.A.No.1514 of 2025.

2. The brief facts of the case are as follows :-

2.1. A complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent against the petitioner before the learned XXVII Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.967 of

2017.

2.2. On 18.11.2025, the trial Court found the petitioner/accused guilty, convicted him and sentenced him to undergo one year simple imprisonment and further directed him to pay the cheque amount of Rs.6,00,000/- as compensation, in default to undergo three months simple imprisonment.

2.3. Against the said judgment, the petitioner preferred an appeal in Crl.A.No.1514 of 2025 along with a petition in Crl.M.P.No.01 of 2025 seeking suspension of sentence. On 19.12.2025, the learned XV Additional Sessions Judge, Chennai, while suspending the sentence imposed on the petitioner, directed him to deposit 20 % of the compensation amount before the trial Court within thirty days from the date of the said order. Aggrieved by the same, the present petition has been filed.

3. Learned counsel appearing for the petitioner submitted that the cheque amount involved is only Rs.3,00,000/-, whereas the trial Court, without assigning any reasons, had directed the petitioner to deposit a sum of Rs.6,00,000/- which is double the cheque amount. He further submitted that the petitioner has a good and meritorious case in appeal. Therefore, he prayed that the condition imposed by the trial Court directing the petitioner to deposit Rs.6,00,000/- 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, while holding 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 condition imposed by the appellate Court in Crl.M.P.No.01 of 2025 in Crl.A.No.1514 of 2025 vide order dated 19.12.2025. Accordingly, the petitioner is directed to deposit 20 % of the cheque amount, i.e., Rs.60,000/-. 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 a sum of Rs.60,000/- (which is 20% of the cheque amount) before the trial Court within a period of two weeks from the date of receipt of a copy of this order and no further extension shall be granted. In the event, the petitioner fails to comply with this order, the same shall stand automatically canceled.

7. With the above directions, this Criminal Original Petition stands disposed of. 25-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VKR To