Thenmozhi vs Chandrasekar - 2026 Supreme(Online)(Mad) 35683

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2026 Supreme(Online)(Mad) 35683

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Thenmozhi – Appellant
Versus
Chandrasekar – Respondent
Crl.MP.(MD)No.7718 of 2026 | Cr.MP No.1176/2026 in C.A No. 42/2026 | S.T.C. No.356 of 2022

Important Points

20% cheque deposit condition for sentence suspension in cheque bounce appeal is reasonable and non-interferable.

Subject

Criminal Law - Bail/Suspension of Sentence

Act Referred

BNSS Act: S.528

Headnote

The petition under Section 528 of BNSS Act challenges the condition imposed by the Principal Sessions Court in C.A. No.42/2026 requiring deposit of 20% of the cheque amount (Rs.80,000/-) for suspension of sentence following conviction in S.T.C. No.356/2022. The petitioner, a widow, sought reduction of the condition. The court found the 20% deposit reasonable as it excludes compensation. The issue framed is whether to interfere with the 20% deposit condition for sentence suspension. The ratio decidendi holds that a 20% deposit of the cheque amount, excluding compensation, is a fair condition for suspension pending appeal. The petition is disposed of with extension of time till 27.04.2026 for deposit; impugned order confirmed otherwise.

Advocates:
For the Petitioner: Mr.Gowtham

Table of Content
1. petition challenges 20% cheque deposit condition for sentence suspension. (Para 1 , 2)
2. petitioner seeks reduction due to widow status. (Para 3)
3. court upholds 20% deposit as reasonable, excluding compensation. (Para 4 , 5)
4. time extended; order confirmed with modification. (Para 6)

ORDER

The present petition has been filed by the appellant in C.A. No.42 of 2026 on the file of the learned Principal Sessions Court, Thoothukudi, seeking to set aside the order dated 13.03.2026 passed in Cr.M.P. No.1176 of 2026.

2. A perusal of the records reveals that the petitioner has suffered an order of conviction in S.T.C. No.356 of 2022 on the file of the Fast Track Court Magistrate Level, Thoothukudi, on 27.01.2026. Aggrieved by the same, the petitioner preferred an appeal in C.A. No.42 of 2026 before the Principal Sessions Court, Thoothukudi. As a condition precedent, for suspension of sentence, the learned Judge imposed a condition directing the petitioner to deposit 20% of the cheque amount, i.e., Rs.80,000/-, on or before 10.04.2026.

Challenging the said condition, the present petition has been filed.

3. The learned counsel appearing for the petitioner submitted that the petitioner is a widow and sought reduction of the condition imposed.

4. Heard the learned counsel appearing for the petitioner and perused the materials available on record.

5. Considering the fact that the cheque amount is Rs.4,00,000/- and that the trial Court has directed deposit of only 20% of the cheque amount, which does not include compensation, this Court is not inclined to interfere with the said condition.

6. However, the learned counsel for the petitioner sought extension of time for compliance. Accordingly, the time granted to deposit the amount by the Principal Sessions Court, Thoothukudi, is extended till 27.04.2026. Except for the above modification, the impugned order stands confirmed.