PRAYER

This petition is preferred under section 528 of BNSS seeking to set aside the condition imposed on the petitioner by the learned XV Additional City Civil Court, Chennai that the petitioner herein is directed to deposit 20 % of the compensation amount before the trial court to the credit of S.T.C.No. 8022/2024 within 30 days of the order dated 09.02.2026 passed in Crl.M.P.No. 01/2026 in Crl.A.No. 174/2026 in S.T.C.No. 8022/2024 on the file of the learned XV Additional City Civil Court, Chennai and pass such further or other orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and thus render justice.

ORDER

The petitioner has filed the present original petition seeking to set aside the order dated 09.02.2026 passed by the lower appellate court in respect of the condition to deposit 20% of the compensation amount before the trial court while granting suspension of sentence pending disposal of the appeal.

2.It is the contention of the learned counsel for the petitioner that the petitioner has been convicted by the trial court, namely XXXIV Metropolitan Magistrate, Fast Track Court No.1 at Magisterial level, Egmore at Allikulam, in STC No.8022 of 2024 by judgment dated 31.12.2025, for the offence under section 138 of the Negotiable Instruments Act, 1881 and sentenced to undergo six months simple imprisonment and to pay compensation of Rs.5,00,000/- to the complainant within 30 days from the date of the judgment and in default to undergo one month simple imprisonment. Against the said conviction and sentence, the petitioner has preferred an appeal before the XV Additional Sessions Court, Chennai and has also filed a petition seeking suspension of sentence pending disposal of the appeal. The learned counsel for the petitioner has submitted that there is no legally enforceable liability on the part of the petitioner and that imposing the condition to deposit 20% of the compensation amount is not justified and not reasonable and therefore, the learned counsel for the petitioner seeks to set aside the same.

3.This court has heard the submission made by the learned counsel for the petitioner. Considering the nature of the case and the amount involved in this case, this court is not inclined to set aside the condition to deposit 20% of the compensation amount but is inclined to grant a time period of two weeks to deposit the same in the light of the submissions made by the learned counsel for the petitioner. Accordingly, the time is granted and the petitioner shall deposit 20% of the compensation amount within a period of two weeks from the date of receipt of copy of this order, as directed by the lower appellate court to the credit of S.T.C.No.8022 of 2024 before the XXXIV Metropolitan Magistrate, Fast Track Court No.1, at Magisterial level, Egmore, Chennai. It is made clear that no further extension of time shall be granted to the petitioner. Accordingly, this petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

08-06-2026

Index:Yes/No

Speaking/Non-speaking order

Internet:Yes

Neutral Citation:Yes/No

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