[Cites 1, Cited by 0]
Madras High Court
N.V.S.Ramakrishnan vs M.M.Sankar on 19 January, 2026
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.667 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.01.2026
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.667 of 2026
N.V.S.Ramakrishnan ... Petitioner
Vs.
M.M.Sankar ... Respondent
Prayer: Criminal Original Petition has been filed under Section 528 of
BNSS,., 2023, to set aside the condition imposed in 7(ii) by the Hon’ble VI
City Civil Court vide order dated 29.10.2025 in Crl.M.P.No.10494 of 2025
passed in Crl.A.No.1247 of 2025.
For Petitioner : Mr.K.P. Anantha Krishna
ORDER
The present Criminal Original Petition has been filed seeking to set
aside the order passed by the VI City Civil Court, Chennai, dated
29.10.2025, in Crl.M.P.No.10494 of 2025 in Crl.A.No.1247 of 2025.
2. The brief facts of the case are as follows :-
2.1. The complaint under Section 138 of the Negotiable
Instruments Act was filed by the respondent against the petitioner before the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:05 pm )
learned XXVII Metropolitan Magistrate, Saidapet, Chennai, in C.C.No.752
of 2021
2.2. On 15.09.2025, 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 a sum of
Rs.1,19,48,000/- as compensation within two months, in default to undergo
three months simple imprisonment.
2.3. Against the said judgment, the petitioner preferred an
appeal in Crl.A.No.1247 of 2025 along with a petition in
Crl.M.P.No.107494 of 2025 of 2025 seeking suspension of sentence. On
29.10.2025, the VI Additional Judge, City Civil Court, Chennai, while
suspending the sentence imposed a condition on the petitioner that he
should deposit 15% 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.
3. Learned counsel appearing for the petitioner submitted that
the petitioner is a senior citizen and is facing financial constraints due to
heavy business losses incurred during the COVID 19 pandemic. He further
submitted that the business has been shut down and that the petitioner
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:05 pm )
presently has no source of income. He also submitted that the petitioner has
a good and meritorious case in appeal. Therefore, he prayed that the order
directing the petitioner to deposit 15% of the compensation amount may be
set aside.
4. 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 7(ii) imposed
by the appellate Court in Crl.M.P.No.10494 of 2025 in Crl.A.No.1247 of
2025 dated 29.10.2025. Accordingly, the direction to deposit 15% of the
compensation amount is hereby modified as 10%. It is also made clear that
all other conditions remain unaltered.
5. At this juncture, the learned counsel appearing for the
petitioner prayed that some reasonable time may be granted to the petitioner
to comply with the said condition.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:05 pm )
6. Accordingly, the petitioner is directed to deposit 10% of the
compensation amount before the trial Court within a period of four weeks
from the date of receipt of a copy of this order.
7. With the above directions, this Criminal Original Petition
stands disposed of.
19-01-2026
Note: Issue Order Copy on 20.01.2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
rpl
To
1.The VI City Civil Court, Chennai.
2.The XXVII Metropolitan Magistrate, Saidapet, Chennai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:05 pm )
A.D.JAGADISH CHANDIRA, J.
rpl
19.01.2026
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/01/2026 07:43:05 pm )
