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D.Ganesh v. E.Sankar

Madras HC2 Jun 2026CRL MP/24698/2025

Case brief

AI extract

What is this about?

Madras High Court; Crl.M.P. No.24698 of 2025 in Crl.OP No.23650 of 2025; decided 02-06-2026; Justice M. Nirmal Kumar; Section 528 BNSS 2023 petition; Section 138 Negotiable Instruments Act; STC 1 of 2019; Crl.A. No.37 of 2025 Tiruvallur; suspension of sentence; deposit condition 20%; extension of time; deposit rebased to 20% of cheque amount Rs.3,00,000/- i.e. Rs.60,000/- within three weeks; trial Court directed to receive deposit; petitioner D. Ganesh; complainant E. Sankar; counsel G.B. Motcham.

What did the court decide?

Extension of time to comply with the deposit condition: petitioner directed to deposit Rs.60,000/- (20% of the cheque amount of Rs.3,00,000/-) within three weeks from 02-06-2026, and the trial Court directed to receive the deposit. ¶30

D.Ganesh Vs E.Sankar — Cheque Dishonour | Madras HC (2026)

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CRL MP No. 24698 of 2025 IN CRL OP NO. 23650 OF 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-06-2026

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CORAM

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THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

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CRL MP No. 24698 of 2025 IN CRL OP NO. 23650 OF 2025

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D.Ganesh S/o.Dillibabu, Proprietor: Ganesh Commercial LPG Suppliers, No.15/31, Kanakkar Lane, Thiruvottiyur, Chennai-600 019.

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..Petitioner/Accused Vs

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E.Sankar S/o.Elumalai, No.17/7, Nethaji Nagar, 5^th Street, Beach Road, Chennai-600 057.

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..Respondent/Complainant CRL OP No. 23650 of 2025

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D.Ganesh S/o.Dillibabu, Proprietor Ganesh Commercial LPG Suppliers, No.15/31, Kanakkar Lane, Thiruvottiyur, Chennai-60 0019.

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..Petitioner(s) Vs E.Sankar S/o.Elumalai, No.17/7, Nethaji Nagar, 5th Street, Beach Road, Chennai-600 057.

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..Respondent(s)

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Prayer: Criminal Miscellaneous Petition filed under Section 528 of B.N.S.S., 2023, praying to extend the time to comply the condition imposed by this Court in Crl.O.P.No.23650 of 2025 order dated 26.08.2025.

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Page1 of 4

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

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CRL MP No. 24698 of 2025 IN CRL OP NO. 23650 OF 2025

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For Petitioner(s): For Respondent(s):

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Mr.G.B.Motcham

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ORDER

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The petitioner/accused in S.T.C.No.1 of 2019 was convicted by the trial Court by judgment dated 28.01.2025 for offence under Section 138 of the Negotiable Instruments Act on the complaint filed by the respondent and sentenced to undergo six months simple imprisonment and directed to pay double the cheque amount of Rs.6,00,000/- as compensation to the complainant. Aggrieved against the same, the petitioner preferred an appeal in Crl.A.No.37 of 2025 before the learned Principal District and Sessions Judge, Tiruvallur and suspension of sentence petition in M.P.No.1 of 2025.

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The learned Sessions Judge, by order dated 13.03.2025, suspended the sentence of the petitioner on condition to deposit 20% of the compensation amount within a period of 60 days. The petitioner was unable to mobilise the amount and hence, filed a petition in Crl.O.P.No.23650 of 2025 seeking to set aside the condition of depositing 20% of compensation amount within a period of 60 days and to extend the time to comply the condition. This Court, by order dated 26.08.2025, granted two weeks time to deposit 15% of the compensation amount, which the petitioner is unable to mobilise within the stipulated period. Hence, filed the present petition.

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

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CRL MP No. 24698 of 2025 IN CRL OP NO. 23650 OF 2025

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The learned counsel for petitioner submitted that now the petitioner

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mobilised 15% of compensation amount, i.e., Rs.90,000/-. When he approached

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the trial Court to deposit the amount, the same was not entertained, since it is beyond the time granted by this Court. Hence, sought for extension of time. He further submitted that the petitioner’s mother is sick and bedridden. The petitioner is the only person to take care of his mother and sought some leniency. He further submitted that the cheque amount is only Rs.3,00,000/- and the trial Court without giving proper reason, directed to pay double the cheque amount as compensation.

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In view of the above, the petitioner is directed to deposit 20% of the cheque amount of Rs.3,00,000/-, i.e., Rs.60,000/- (Rupees Sixty Thousand only) within a period of three weeks from today and the trial Court is directed to receive the same.

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