Sri Balaji Granites Vs S.Mohan Kumar

Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to set aside and modify the conditional order passed by the XVIII Additional City Civil Court, Chennai in Crl.M.P.No.3 of 2025 in Crl.A.No.1435 of 2025 dated 01.12.2025 that the Petitioner shall deposit 20 percentage of the total compensation amount to the credit of CC Number on the file of the trial court within 60 days from the date of this order.

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For Petitioner : Mr.Y.Kajanavas

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

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CRL OP No. 1567 of 2026

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ORDER

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The present Criminal Original Petition has been filed to set aside and

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modify the conditional order passed by the XVIII Additional City Civil Court,

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Chennai in Crl.M.P.No.3 of 2025 in Crl.A.No.1435 of 2025 dated 01.12.2025 that the Petitioner shall deposit 20 percentage of the total compensation amount to the credit of CC Number on the file of the trial court within 60 days from the date of this order.

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2. The brief facts of the case are as follows :-

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2.1.The complaint under Section 138 of the Negotiable Instruments

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Act was filed by the respondent against the petitioner before the learned XXVI Metropolitan Magistrate, Egmore, Chennai, in C.C.No.2903 of 2020.

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2.2. On 20.11.2025, the trial Court found the petitioner/accused guilty, convicted him and sentenced him to undergo one year simple imprisonment and further directed him to pay the cheque amount of Rs.9,25,00,000/- as compensation, in default to undergo 30 days simple imprisonment.

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2.3. Against the said judgment, the petitioner preferred an appeal in Crl.A.No.1435 of 2025 along with a petition in Crl.M.P.No.3 of 2025 seeking suspension of sentence. On 01.12.2025, the XVIII Additional Judge, City Civil Court, Chennai, while suspending the sentence imposed on the petitioner,

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Page2 of 7

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

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CRL OP No. 1567 of 2026

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directed him to deposit 20 % of the compensation amount before the trial Court within sixty days from the date of the said order. Aggrieved by the same, the present petition has been filed.

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Learned counsel for the petitioner would submit that the petitioner has a good and meritorious case in appeal. Apart from that the petitioner finds it difficult to raise the huge amount and hence, the present petition has been filed to modify the conditional order to deposit the 20% compensation amount. He would further submit that the petitioner is ready to deposit the modified amount within a time frame to be fixed by this court.

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

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Having heard the learned counsel for the petitioner and perused the materials available on record, this Court is of the view that the appellate Court, while holding that the petitioner/appellant has made out arguable points in the main appeal, has suspended the sentence and imposed certain conditions. However, taking into account the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner that there are arguable grounds in the appeal and that he has a good case on merits, this Court is inclined to modify condition imposed by the appellate Court in Crl.M.P.No.3

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

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CRL OP No. 1567 of 2026

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of 2025 in Crl.A.No.1435 of 2025 vide order dated 01.12.2025. Accordingly,

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the direction to deposit 20 % of the compensation amount is hereby modified as

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10 %. It is also made clear that all other conditions remain unaltered.