K Madasamy @ Madasamy Pandiyan Vs K Chandran — Cheque Dishonour | Madras HC (2026)

K Madasamy @ Madasamy Pandiyan Vs K Chandran — Cheque Dishonour | Madras HC (2026)

What the court decided

AI extract

Outcome

Deposit condition modified: instead of 20% of the full Rs.60,00,000/- compensation, the petitioner shall deposit 20% of the net compensation of Rs.46,50,000/- (after crediting Rs.13,50,000/- already paid), i.e., Rs.9,30,000/-, to the credit of C.C. No. 9137 of 2018 before the Trial Court within two weeks, failing which the order stands automatically cancelled; connected Crl.M.P. closed.

Issue for consideration

Whether the suspension-of-sentence condition directing the petitioner to deposit 20% of the Rs.60,00,000/- compensation should be modified so as to give due credit to the Rs.13,50,000/- already paid to the respondent/complainant pursuant to the bail direction.

Court's answer

Due credit must be given to the Rs.13,50,000/- already paid to the respondent/complainant; after such credit, the compensation amount payable by the petitioner is Rs.46,50,000/- (Rs.60,00,000/- less Rs.13,50,000/-).

Ratio / Principle

The petitioner is directed to deposit 20% of the reduced (net) compensation, i.e., Rs.9,30,000/-, to the credit of C.C. No. 9137 of 2018 before the Trial Court within a period of two weeks.

Key takeaways

Failure to make the deposit of Rs.9,30,000/- within two weeks would result in this order standing automatically cancelled.ratio¶32

Detailed headnote1 paragraphs

Madras High Court (M. Nirmal Kumar J., 23-03-2026), CRL OP No. 7094 of 2026: Criminal Original Petition under Section 528 BNSS seeking setting aside of the condition, imposed by the VI Additional City Civil Court, Chennai by order dated 03.01.2026 in Crl.M.P. No. 81 of 2026 in Crl.A.No. 1536 of 2025 in CC.No. 9137 of 2018, that the petitioner deposit 20% of the Rs.60,00,000/- compensation awarded on his conviction under Section 138 of the Negotiable Instruments Act (judgment dated 18.11.2025, sentence of one year's simple imprisonment plus compensation) as a condition for suspension of sentence pending appeal. The Court, noting that the petitioner had admittedly paid Rs.13,50,000/- to the respondent/complainant pursuant to the bail direction in the earlier criminal case (Crime No. 172 of 2015, Central Crime Branch II, Vepery), gave due credit for that payment, computed the net compensation payable as Rs.46,50,000/-, and reduced the required deposit to 20% thereof, namely Rs.9,30,000/-, payable to the credit of C.C. No. 9137 of 2018 before the Trial Court within two weeks, failing which the order stands automatically cancelled. Petition disposed of accordingly; connected Crl.M.P. No. 5155 of 2026 closed.

CRL OP No. 7094 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-03-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

CRL OP No. 7094 of 2026 & Crl.M.P. No. 5155 of 2026

K Madasamy @ Madasamy Pandiyan S/o. Kumarasamy, New NO.302, AD Block, 1st Floor, 10th Main Road, Anna Nagar, Chennai 600 040.

Petitioner(s)

Vs

K Chandran S/o. Karuppiah, No.6/14, Parvathi Nagar, 2nd Street, Selavoyal, Madhavaram Milk Colony Post, Chennai 600 051.

Respondent(s)

PRAYER

Criminal Original Petition filed under Section 528 of BNSS to set aside the

condition imposed on the petitioner by the learned VI Additional City Civil Court, Chennai by order dated 03.01.2026 passed in Crl.M.P. No. 81 of 2026 in Crl.A.No. 1536 of 2025 in CC.No. 9137 of 2018 on the file of the learned XIX Metropolitan

1\6

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

CRL OP No. 7094 of 2026

Magistrate, Egmore @ Allikulam, Chennai.

For Petitioner(s): Mr. J.Pravin (VC)

ORDER

The present criminal original petition is filed to set aside the condition imposed on the petitioner regarding deposit of 20% of the compensation amount by the learned VI Additional City Civil Court, Chennai by order dated 03.01.2026 in Crl.M.P. No. 81 of 2026 in Crl.A.No. 1536 of 2025 in CC.No. 9137 of 2018 on the file of the learned XIX Metropolitan Magistrate, Egmore @ Allikulam, Chennai.

The petitioner/accused was convicted by the Trial Court by judgment dated 18.11.2025 in C.C. No. 9137 of 2018 for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and to pay a sum of Rs.60,00,000/- as compensation within two months and in default, to undergo simple imprisonment for two months. Aggrieved by the said conviction and sentence, the petitioner preferred Crl.A. No. 1536 of 2025 before the learned VI Additional City Civil Court, Chennai. Pending the appeal, the petitioner filed Crl.M.P. No. 81 of 2026 seeking suspension of sentence and by the order under challenge, the said petition was allowed on certain conditions. One of

2\6

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

CRL OP No. 7094 of 2026

the conditions imposed was that the petitioner had to deposit 20% of the compensation amount to the credit of C.C. No. 9137 of 2018 before the Trial Court within a period of 60 days from the date of that order. To set aside the said condition, the petitioner has come forward with the criminal original petition.

The contention of the learned counsel for the petitioner is that the respondent, apart from filing a complaint under Section 138 of Negotiable Instruments Act, had also filed a criminal case against the petitioner, which came to be registered in Crime No. 172 of 2015 on the file of the Inspector of Police, Central Crime Branch II, EDF III, Vepery, Chennai and when the petitioner was granted bail in the said case, he was directed to pay a sum of Rs.13,50,000/- to the respondent/complainant by the learned Principal District and Sessions Judge, Thiruvallur, which was accordingly paid by way of Demand Draft. According to the learned counsel, though the receipt of the amount of Rs.13,50,000/- by the respondent/complainant by way of Demand Draft finds place in the impugned order, the same has not been given due credit while directing the petitioner to deposit 20% of the compensation amount. Hence, the learned counsel for the petitioner seeks suitable modification of condition regarding deposit.

Considered the submissions and perused the materials on record.

3\6

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

CRL OP No. 7094 of 2026

Admittedly, the petitioner has paid a sum of Rs.13,50,000/- to the respondent/complainant. Therefore, after giving due credit to the amount paid, (Rs.60,00,000/- (–) Rs.13,50,000/-), the compensation amount payable by the petitioner would be Rs.46,50,000/- (Rupees Forty Six Lakhs Fifty Thousand only). Out of the said sum, the petitioner is directed to deposit 20%, i.e., 20% of Rs.46,50,000/-, which comes to Rs.9,30,000/- (Rupees Nine Lakhs Thirty Thousand only) to the credit of C.C. No. 9137 of 2018 before the Trial Court within a period of two weeks from today failing which this order would stand automatically cancelled.

The criminal original petition is disposed of accordingly. Connected criminal miscellaneous petition is closed.

23-03-2026

Neutral Citation:Yes/No

nv

(Note to Office: Issue order copy on 24.03.2026 )

4\6

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

CRL OP No. 7094 of 2026

To

The VI Additional City Civil Court, Chennai.

The XIX Metropolitan Magistrate, Egmore @ Allikulam, Chennai.

5\6

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

CRL OP No. 7094 of 2026

M.NIRMAL KUMAR J.

nv

Crl.O.P. NO. 7094 of 2026

23.03.2026

6\6

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

CRL OP No. 7094 of 2026

7\6

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