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R.J.Surendranath v. M.Babu Manohar

Madras HC8 Sept 2025CRL OP/24394/2025

Case brief

AI extract

What is this about?

Madras High Court, CRL OP No. 24394 of 2025, decided 08-09-2025 by N. Sathish Kumar J. Keywords: Section 528 BNSS; Section 138 Negotiable Instruments Act; suspension of sentence; condition to deposit 20% of compensation amount reduced to 10%; Crl.M.P.No.1/2025 in C.A.No.619/2025 (XIX Additional Sessions Judge/ Vacation Sessions Judge, Chennai, order dated 08.05.2025); STC. No. 619 of 2024; deposit directed to credit of STC No.214 of 2024, XX Metropolitan Magistrate, Egmore @ Allikulam, Chennai; chit transactions; alleged cash payments without proof; petition disposed of.

What did the court decide?

Modification of the appellate court's suspension-of-sentence condition: deposit reduced from 20% to 10% of the compensation amount, payable within two weeks to the credit of STC No.214 of 2024, XX Metropolitan Magistrate, Egmore @ Allikulam, Chennai.

R.J.Surendranath Vs M.Babu Manohar — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the condition imposed by the appellate court, directing the petitioner to deposit 20% of the compensation amount while suspending the sentence, should be modified/set aside.

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Court's answer

In view of the petitioner's submission and readiness to deposit 10% of the compensation amount, the Court was inclined to modify the impugned order imposing the 20% deposit condition.

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Ratio / Principle

The petitioner was directed to deposit 10% of the compensation amount (instead of 20%) to the credit of STC No.214 of 2024 on the file of the XX Metropolitan Magistrate at Egmore @ Allikulam, Chennai, within two weeks from receipt of a copy of the order; with this direction, the Criminal Original Petition was disposed of.

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Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 of BNSS challenging the order dated 08.05.2025 of the XIX Additional Sessions Judge/ Vacation Sessions Judge, Chennai, in Crl.M.P.No.1/2025 in C.A.No.619/2025, whereby the sentence passed in STC. No. 619 of 2024 (offence punishable under Sections 138 of Negotiable Instruments Act) was suspended on condition that the petitioner deposit 20% of the compensation amount. The petitioner contended the dispute arose out of chit transactions with alleged cash payments lacking proof, and expressed readiness to deposit 10%. HELD: Considering the petitioner's readiness to deposit 10% of the compensation amount, the impugned order was modified; the petitioner was directed to deposit 10% of the compensation amount to the credit of STC No.214 of 2024 on the file of the XX Metropolitan Magistrate at Egmore @ Allikulam, Chennai, within two weeks from receipt of a copy of the order. Petition disposed of (N. Sathish Kumar J., 08-09-2025).

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CRL OP No. 24394 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 08-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

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CRL OP No. 24394 of 2025

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Mr. R.J.Surendranath S/o. late. R.K.Jagannath, HNS Hotels Private Ltd, No.93/24, Peters Road, 1st Floor, Royapettah, Chennai - 600014.

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Petitioner(s)

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Dr. M.Babu Manohar No.76, Mahalingapuram main Road, Nungambakkam, Chennai - 600034. and Represented by Power Agent, Mr. V.Suresh Kumar,

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Respondent(s)

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PRAYER

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This Criminal Original Petition has been filed under Section 528 of BNSS to set aside the order passed by the XIX Additional Sessions Judge/ Vacation Sessions Judge at Chennai in Crl.M.P.No.1/2025 in C.A.No.619/2025 dated 08.05.2025.

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For Petitioner(s): Mr. S. Thiruvengadam

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1/4

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https://www.mhc.tn.gov.in/judis

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CRL OP No. 24394 of 2025

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ORDER

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This Criminal Original Petition has been filed seeking to modify the

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order passed by the appellate court directing to deposit 20% of the

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compensation amount while suspending the sentence.

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The appellate court, while suspending the sentence passed by the Trial

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court in STC. No. 619 of 2024 for the offence punishable under Sections 138 of Negotiable Instruments Act, imposed a condition on the petitioner to deposit

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20% of the compensation amount.

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