R.Gothamchand v. C.Mothichand

Madras HC19 Sept 2025CRL OP/25774/2025

Case brief

AI extract

What is this about?

Section 143(A) NI Act interim compensation; 20% deposit reduced to 10%; cheque amount deposit; Section 138 Negotiable Instruments Act; STC No.92 of 2023; Crl.M.P.No.253/2024; CRL OP No. 25774 of 2025; Crl.M.P.No.17493 of 2025; Sections 438 r/w 442 BNSS Act; Fast Track Judicial Magistrate Mayiladuthurai; Fast Track Court at Magistrate Level; R.Gothamchand v C.Mothichand; modification of interim deposit order; two-week deposit timeline; Madras High Court 19-09-2025.

What did the court decide?

Modification of the impugned interim order: the deposit demanded was reduced from 20% to 10% of the compensation amount, payable before the trial Court within two weeks from the date of this order; the Criminal Original Petition was disposed of and the connected miscellaneous petition (Crl.M.P.No.17493 of 2025) was closed. ¶¶40

R.Gothamchand Vs C.Mothichand — Cheque Dishonour | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim order directing the petitioner, the accused in the Section 138 Negotiable Instruments Act case (STC No.92 of 2023), to deposit 20% of the cheque amount as interim compensation under Section 143(A) of the Negotiable Instruments Act should be set aside or modified.

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Court's answer

Considering the learned counsel for the petitioner's submission that the petitioner had already made payments to the Bank, and the nature of the dispute, the impugned order of the Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253 of 2025 in S.T.C.No.92 of 2023 is modified: the petitioner shall deposit 10% of the compensation amount before the trial Court within a period of two weeks from the date of this order.

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Detailed headnote1 paragraphs

Madras High Court (N. Sathish Kumar J.), order dated 19-09-2025: R.Gothamchand, accused in S.T.C. No.92 of 2023 (offence under Section 138 of the Negotiable Instruments Act) on the file of the Fast Track Court at Magistrate Level, Mayiladuthurai, filed CRL OP No. 25774 of 2025 under Sections 438 r/w 442 of BNSS Act against the interim order dated 18.03.2025 of the Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253/2024 (complainant C.Mothichand's application under Section 143(A) NI Act), which directed deposit of 20% of the cheque amount within 60 days. In view of counsel's submission that the petitioner had already made payments to the Bank and considering the nature of the dispute, the order was modified to require deposit of 10% of the compensation amount before the trial Court within two weeks; the Criminal Original Petition was disposed of and connected Crl.M.P.No.17493 of 2025 closed.

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CRL OP No. 25774 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 19-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

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CRL OP No. 25774 of 2025 &

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Crl.M.P.No.17493 of 2025

R.Gothamchand

Petitioner(s)

C.Mothichand

Respondent(s)

PRAYER

Criminal Original Petition filed under Section 438 r/w 442 of BNSS Act to call for the records and set aside the order passed by the Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253/2024 in STC No.92/2023 dated

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18.03.2025 and allow the Criminal Original Petition.

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For Petitioner: Mr.R.Shivakumar for M/s K.M.Vijayan Associates ORDER

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This Petition has been filed to call for the records and set aside the order

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passed by the Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253/2024 in STC No.92/2023 dated 18.03.2025 and allow the Criminal Original Petition.

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

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CRL OP No. 25774 of 2025

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Heard the learned counsel for the petitioner and perused the materials

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available on record.

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The petitioner is the accused in STC No.92 of 2023 on the file of the

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Fast Track Court at Magistrate Level, Mayiladuthurai for the offence under Section 138 of the Negotiable Instruments Act. The defacto complainant filed Crl.M.P.No.253 of 2024 before the said Court under Section 143(A) of Negotiable Instruments Act to direct the petitioner to deposit 20% of the cheque amount, as interim compensation. The Fast Track Court at Magistrate Level, Mayiladuthurai, by an order dated 18.03.2025 directed the petitioner to deposit

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20% of the cheque amount to the complainant's account within a period of 60

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days from the date of the order. Aggrieved by the same, this criminal original

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petition has been filed.

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The learned counsel for the petitioner submitted that the petitioner is

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ready to deposit 10% of the compensation amount before the trial Court. He

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further submitted that the petitioner had already made payments to the Bank.

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Considering the submissions made by the learned counsel for the petitioner that the petitioner had already made payments to the Bank and also

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

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CRL OP No. 25774 of 2025

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considering the nature of dispute, the impugned order passed by the learned Fast Track Judicial Magistrate, Mayiladuthurai in Crl.M.P.No.253 of 2025 in

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S.T.C.No.92 of 2023 (which is now pending on the file of the Judicial Magistrate, Fast Track Court at Magistrate Level, Mayiladuthurai) is modified to the effect that the petitioner shall deposit 10% of the compensation amount

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before the trial Court within a period of two weeks from the date of this order.

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