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V.Radha v. Sunil Kumar Reddy

Madras HC12 Jan 2026CRL OP/209/2026

Case brief

AI extract

What is this about?

Suspension of sentence condition modification; Section 138 Negotiable Instruments Act conviction; deposit of 20% compensation reduced to 10%; appeal Crl.A.No.1535 of 2025 pending; Crl.O.P. under Section 528 BNSS / Section 482 Cr.P.C.; housewife unable to mobilise funds; arguable grounds in appeal; XX Additional Sessions Court Allikulam Chennai; trial Court C.C.No.8850 of 2017; Madras High Court 2026.

What did the court decide?

Deposit condition modified from 20% to 10% of the compensation amount, payable before the trial Court within four weeks from receipt of a copy of this order; all other conditions remain unaltered; connected miscellaneous petition closed. ¶7

V.Radha Vs Sunil Kumar Reddy — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the condition imposed by the appellate Court while suspending the petitioner's sentence - deposit of 20% of the compensation amount before the trial Court within sixty days - should be set aside or modified.

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Court's answer

Taking into account the facts and circumstances of the case and the learned counsel's submissions that there are arguable grounds in the appeal and that the petitioner has a good case on merits, this Court was inclined to modify the condition imposed by the appellate Court directing deposit of 20% of the compensation amount.

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Ratio / Principle

The appellate Court's direction to deposit 20% of the compensation amount is hereby modified to 10%.

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Key takeaways

The petitioner is directed to deposit 10% of the compensation amount before the trial Court within four weeks from the date of receipt of a copy of this order, and all other conditions imposed by the appellate Court remain unaltered.ratio¶6

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.), Crl.O.P.No.209 of 2026 with Crl.M.P.No.170 of 2026, decided 12.01.2026: The petitioner, convicted under Section 138 of the Negotiable Instruments Act in C.C.No.8850 of 2017 and sentenced to one year simple imprisonment plus Rs.72,00,000/- compensation, obtained suspension of sentence from the XX Additional Sessions Court, Allikulam, Chennai (order dated 19.12.2025 in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025) subject to deposit of 20% of the compensation amount before the trial Court within sixty days. Counsel submitted that the petitioner, a housewife, could not mobilise the amount and had a meritorious case in the pending appeal. Filed under Section 528 BNSS / Section 482 Cr.P.C., the Court modified the deposit condition from 20% to 10%, payable within four weeks, leaving all other conditions unaltered, and disposed of the petition, closing the connected miscellaneous petition.

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Crl.O.P.No.209 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.01.2026

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CORAM:

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THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Crl.O.P.No.209 of 2026 and Crl.M.P.No.170 of 2026

V.Radha

Vs.

Sunil Kumar Reddy

... Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside and

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to modify the condition imposed in para 8 of the impugned order of the XX

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Additional Sessions Court, Allikulam, Chennai, dated 19.12.2025 in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025 .

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For Petitioner : Mr.A.Thirumaran

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O R D E R

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The present Criminal Original Petition has been filed seeking to set

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aside and to modify the condition (8) imposed in the order passed by the XX Additional Sessions Court, Chennai, dated 19.12.2025, in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025.

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

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Crl.O.P.No.209 of 2026

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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

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Instruments Act was filed by the respondent against the petitioner before the learned 27 th Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.8850 of 2017.

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2.2. On 19.11.2025, the trial Court found the

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petitioner/accused guilty, convicted her and sentenced her to undergo one year simple imprisonment and further directed her to pay a sum of Rs.72,00,000/- as compensation within two months, in default to undergo three months simple imprisonment.

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2.3. Against the said judgment, the petitioner preferred an

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appeal in Crl.A.No.1535 of 2025 along with a petition in Crl.M.P.No.1 of 2025 seeking suspension of sentence. On 19.12.2025, the XX Additional Sessions Judge, City Civil Court, Chennai, while suspending the sentence imposed on the petitioner, directed her to deposit 20 % of the compensation

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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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3 . Learned counsel appearing for the petitioner submitted that

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the petitioner, being a house wife, is unable to mobilize the huge amount.

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

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Crl.O.P.No.209 of 2026

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He further submitted that the petitioner has a good and meritorious case in appeal. Therefore, he prayed that the order directing the petitioner to deposit 20 % of the compensation amount may be set aside.

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

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5 . On perusal of the records, this Court finds that the appellate

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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 the petitioner has a good case on merits, this Court is inclined to modify the condition imposed by the appellate Court vide order dated 19.12.2025 in Crl.M.P.No.1 of 2025 in Crl.A.No.1535 of 2025, directing the petitioner to deposit 20% of the compensation amount.

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6 . Accordingly, the direction to deposit 20 % of the

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compensation amount is hereby modified as 10 %. Therefore, the petitioner

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3/5

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

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Crl.O.P.No.209 of 2026

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is directed to deposit 10 % of the compensation amount before the trial

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Court within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that all other conditions remain unaltered.

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