[Cites 2, Cited by 0]
Madras High Court
Shanthi vs Dhirendradhani on 6 March, 2026
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl OP No.5119 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2026
CORAM:
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Crl OP No.5119 of 2026
Shanthi ... Petitioner
vs
1. Dhirendradhani
2.State Rep by
The Inspector of Police,
Aravankadu Police Station,
Coonoor, The Nilgiris.
3. The Superintendent,
Coimbatore Central Prison for Women,
Coimbatore. ... Respondents
Prayer : Criminal Original Petition filed under Section 528 of BNSS,
2023, to set aside the condition Nos.2 and 4 imposed in Crl MP No.777 of
2023 by the Hon'ble Sessions Division of the Nilgiris District
Udhagamandalam, dated 25.07.2023.
For Petitioner : Mr.S.Shankar
For R2 : Mr.Leonard Arul Joseph Selvam
Additional Public Prosecutor
Page 1 of 5
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Crl OP No.5119 of 2026
ORDER
This criminal original petition is filed to set aside the condition
Nos.2 and 4 imposed in Crl MP No.777 of 2023 by the Hon'ble Sessions
Division of the Nilgiris District Udhagamandalam, dated 25.07.2023.
2. Heard learned counsel for the petitioner and the learned
Additional Public Prosecutor for the second respondent.
3. It is seen that the petitioner / accused was convicted by the Trial
Court in STC No.25 of 2017 under Section 138 NI Act by judgment dated
27.06.2023. The Trial Court sentenced the petitioner to undergo the
sentence of simple imprisonment for the period of six months and to pay
a fine of Rs.3,000/-. Aggrieved over the same, the petitioner has preferred
the appeal before the Sessions Court in CA No.61 of 2023 and filed
suspension of sentence in Crl MP No.777 of 2023. The lower appellate
court admitted the appeal and suspended the sentence by an order dated
25.07.2023, in that condition no.2 extracted hereunder:
“(ii) that the Petitioner/Appellant/Accused should
deposit a sum of Rs.2,00,000/- towards the part of
compensation amount before the Fast Track, Judicial
Magistrate, Coonoor, within two months from the date of
this order on or before 25.09.2023.”
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4. The respondent / complainant had also filed a money suit for
recovery in which some payments have been made. The petitioner was
under the wrong impression since the payments are made in the civil suit,
138 NI Act will have no force. In view of the non deposit of Rs.2,00,000/-
non bailable warrant issued and the petitioner was remanded on
16.12.2025. Now the petitioner is confined in Central Prison, Coimbatore.
Further contention is that it is a bailable offence and the petitioner has got
a good case in appeal. Further for the same instrument, money suit has
been filed and has been decreed against the petitioner and some payments
are also made. The petitioner is ready to settle the issue and she is a single
lady now in prison once she comes out of the prison she would negotiate
with the respondent and settle the issue. Today the petitioner is ready to
deposit a sum of Rs.1,00,000/- to the credit of STC No.25 of 2017 on the
file of the Fast Track, Judicial Magistrate Court, Coonoor. Considering
the same, this Court modifies the condition No.2 and directed the
petitioner to deposit a sum of Rs.1,00,000/- instead of Rs.2,00,000/-. The
Trial Court in STC No.25 of 2017 to receive the same and deposit the
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same in the interest and thereafter to consider the sureties. On proof the
same, the Trial Court to issue an order confirming the receipt of payment
of compensation amount and thereafter issue appropriate orders to the
Superintendent of Central Prison for Women, Coimbatore to release the
petitioner from custody already executed bond would continue.
5. Accordingly, this Criminal Original Petition is disposed of. No
costs.
06.03.2026
mtl
To
1.State Rep by
The Inspector of Police,
Aravankadu Police Station,
Coonoor, The Nilgiris.
2. The Superintendent,
Coimbatore Central Prison for Women,
Coimbatore.
3.The Public Prosecutor
High Court, Madras.
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M.NIRMAL KUMAR, J.
mtl
06.03.2026
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