Madras High Court
G.Thamarai vs M/S. Idfc First Bank Limited on 15 September, 2025
Author: N.Sathish Kumar
Bench: N. Sathish Kumar
CRL OP No. 25166 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2025
CORAM
THE HONOURABLE MR JUSTICE N. SATHISH KUMAR
CRL OP No. 25166 of 2025
1. G.Thamarai
W/o. Gowthaman,
No.1, 5th East main Road, Vellore,
Gandhinagar, Vellore,
Tamilnadu - 632006.
Petitioner(s)
Vs
1. M/s. IDFC First Bank Limited
Earlier Known as Capital First Limited,
Rep. by its Authorized Signatory,
Mr. G.Vinoth Prabhu,
Amarasi Building, 3rd Floor,
No.455, Anna Salai,
Teynampet, Chennai - 600018.
Respondent(s)
PRAYER
Criminal Original Petition filed under Section 528 of BNSS, to call for
the records relating to the order made in Crl.MP.No.1/2025 in
Crl.A.No.648/2025, dated 14.05.2025 on the file of the VII Additional Sessions
Judge and set aside one of the condition that the petitioner shall deposit 20% of
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CRL OP No. 25166 of 2025
the Compensation amount i.e. Rs.4,40,000/- (Fourt Lakh Forty Thousand Only)
before the trial court within Sixty days from the date of the order.
For Petitioner(s): Ms.Sivashankari
ORDER
This Criminal Original Petition has been filed to call for the records
relating to the order dated 14.05.2025 passed in Crl.MP.No.1/2025 in
Crl.A.No.648/2025, by the VII Additional Sessions Judge and to set aside one
of the conditions that the petitioner shall deposit 20% of the Compensation
amount i.e. Rs.4,40,000/- (Four Lakh Forty Thousand Only) before the trial
court within sixty days from the date of the order.
2. The petitioner is the accused in STC No.6148 of 2023 on the file of the
Metropolitan Magistrate, FTC-II, Allikulam, Chennai. The petitioner was
convicted for the offence under Section 138 of the Negotiable Instruments Act,
vide judgment dated 23.4.2025. Aggrieved by the conviction order passed by
the trial Court, the petitioner preferred an appeal in Crl.A.No.648 of 2025 along
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with Crl.M.P.No.1 of 2025 seeking suspension of sentence before the learned
VII Additional Sessions Judge, Chennai. The XIX Additional Sessions
Judge/Vacation Sessions Judge, while granting suspension of sentence, vide
impugned order dated 14.5.2025 directed the petitioner to pay 20% of the
compensation amount before the trial Court. Aggrieved over the same, this
criminal original petition has been filed.
4. The learned counsel for the petitioner submitted that the petitioner is
ready to deposit 10% of the compensation amount before the trial Court. He
further submitted that the petitioner had already made payments to the Bank.
5. Considering the submissions made by the learned counsel for the
petitioner that the petitioner had already made payments to the Bank and also
considering the nature of dispute, the impugned order passed by the learned
XIX Additional Sessions Judge/Vacation Sessions Judge in Crl.M.P.No.1 of
2025 in Crl.A.No.647 of 2025 (which is now pending on the file of the VII
Additional Sessions Judge, Chennai) is modified to the effect that the petitioner
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shall deposit 10% of the compensation amount before the trial Court within a
period of two weeks from the date of this order.
6. With the above said direction, this Criminal Original Petition is
disposed of.
15.09.2025
vrc
Index:Yes/No
Speaking/Non-speaking order
Internet:Yes
Neutral Citation:Yes/No
To
The VII Additional Sessions Judge,
Chennai.
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N.SATHISH KUMAR J.
vrc
CRL OP No. 25166 of
15.09.2025
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