Selvam.A.O v. Sree Ambika Finance

ORDER The prayer in the Criminal Original Petition is to modify the condition imposed by the 1st Appellate Court in Crl.M.P.No.1 of 2026 in Crl.A.No.615 of Page2 of 4 2025 dated 29.04.2026 on the file of the XVIII Additional City Civil Court at Chennai.

¶2The petitioner upon being convicted and for an offence under section 138 of the Negotiable Instruments Act, 1881, has preferred the above appeal. While suspending the sentence and granting such reliefs, in view of the mandate of the provisions, the Appellate Court had directed the deposit of 20% of the compensation amount to be deposited by the petitioner.

¶3The learned counsel for the petitioner pleads hardship to mobilise the compensation amount.

¶4The learned counsel for the respondent would oppose the prayer and would submit that there is no hardship for the petitioner and he is financially well versed to pay the amount.

¶5I have considered the rival submissions made on either side.

¶6Upon considering the earlier orders being passed by this Court and considering the hardship pleaded by the petitioner, let the compensation amount be reduced to 10%. Page3 of 4

¶7This Criminal Original Petition is allowed on the following terms:-

(i) the condition imposed on the petitioner by an order dated 29.04.2026 in Crl.M.P.No.1 of 2026 in Crl.A.No.615 of 2025 on the file of the XVIII Additional City Civil Court at Chennai, stands modified as 10% of compensation amount, instead of 20%;

(ii) the said 10% compensation amount shall be deposited within 10 working days from the date of receipt of the web copy of the order;

(iii) considering the hardship that is pleaded by the respondent / complainant the learned XVIII Additional Judge, City Civil Court at Chennai, is directed to dispose of the appeal as expeditiously as possible, in any event within a period of 4 months from the date of receipt of the web copy of the order;

(iv) the petitioner as well as the respondent shall cooperate in early disposal of the appeal. 23-07-2026 JER CRLoOPoNo.o14781oofo2026 D.BHARATHAoCHAKRAVARTHY,oJ. JER CRLoOPoNo.o14781oofo2026 23-07-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Selvam.A.O S/o.Oppilamani.A, Proprietor, Chennai Medical Agencies, No.6, Reddy Street, Virugambakkam, Chennai - 600 092. ..Petitioner(s) Vs Sree Ambika Finance No.195, Kutchery Road, Mylapore, Chennai - 600 004, Rep by its Power Agent, Mr.K.P.Aravindakshan ..Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to Set aside the conditional order passed by the Honble XVIII Additional City Civil Court at Chennai in Crl.M.P.No.1 of 2026 in Crl.A.No.615/2026 dated 29.04.2026 directing the petitioner to deposit 20 percentage of the compensation amount before the trial court in the credit of STC within sixty days from the date of the order and thus render justice. For Petitioner(s): Mr.M.Jaikumar For Respondent(s): Mr.A.Sathish Kumar for M/s. Juris And Justia