J.Amarnath Gopikannan v. M.Meenakshi

ORDER This Criminal Original Petition has been filed to relax the condition imposed by the learned I Additional Session Judge at Chennai in Crl.M.P.No.1 of 2026 in Crl.A.No.549/2026 directing the petitioner to deposit 20% of the compensation amount.

¶2The petitioner was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, by the Trial Court, by judgment dated Page2 of 5

17.03.2026 in STC.No.2030 of 2022. Aggrieved against the same, the petitioner preferred an appeal before the I Additional Sessions Court, Chennai in Crl.A.No.549 of 2026 and also filed suspense of sentence petition in Crl.MP.No.1 of 2026. The I Additional Sessions Judge, by order dated

18.04.2026, admitted the appeal and suspended the sentence on the petitioner subject to the conditions that he shall execute a bond for Rs.10,000/- with two sureties on or before 04.05.2026 and deposit 20% of the compensation amount awarded by the Trial Court.

¶3The learned counsel for the petitioner submitted that the Trial Court had directed the petitioner to pay the cheque amount of Rs.3,00,000/- in the present case. The petitioner was involved in two other prosecutions under Section 138 of the Negotiable Instruments Act, and the aggregate liability in all the cases is approximately Rs.9,50,000/-. The petitioner has now only paid school fees for his two children. At this stage, it is very difficult for him to pay 20% of the compensation amount in all the cases simultaneously.

¶4The learned counsel for the petitioner further submitted that the petitioner has already complied with the condition relating to execution of sureties as directed by the Appellate Court. However, the petitioner is finding difficult to deposit pay 20% of the compensation amount, i.e., Rs.60,000/-, and hence filed this petition. Page3 of 5

¶5Per contra, the learned counsel for the respondent strongly opposed the petitioner's contention and submitted that the petitioner is a financier. The petitioner under the guise of investment schemes, had allegedly collected money from more than 100 persons, and cheated them to the tune of Rs.3 Crores. The petitioner is leading a comfortable and luxurious life with the cheated amount.

¶6The learned counsel for the respondent further submitted that the Trial Court awarded only the cheque amount as compensation without any interest. At the time of admission of the appeal, the petitioner had undertaken to deposit 20% of the compensation amount and only on such undertaking, the sentence was suspended. On the contrary, now he is contending that the condition imposed by the Appellate Court is onerous.

¶7In view of the above facts and circumstances, and the objections made by the respondent, this Court is not inclined to modify the condition. However, three weeks time is granted for the petitioner to deposit the 20% of the compensation amount. It is made clear that no further time will be given. If the amount is not paid within the stipulated period, this order will automatically stand cancelled. Thereafter, the Appellate Court shall be at liberty to take appropriate coercive steps in accordance with law and proceed with the appeal expeditiously. Page4 of 5

¶8With the above directions, this Criminal Original Petition is disposed of. 22-06-2026 Index: Yes/No Speaking/Non-speaking order PVS To

¶1I Additional Session Judge at Chennai

¶2The XXV Metropolitan Magistrate, Egmore, Chennai CRLoOPoNo.o15721oofo2026 M.NIRMALoKUMAR,oJ. PVS CRLoOPoNo.o15721oofo2026 22-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR J.Amarnath Gopikannan ..Petitioner(s) Vs M.Meenakshi ..Respondent(s) To relax the condition imposed by the Honble I Additional Session Judge at Chennai in Crl.M.P.No.1/2026 in Crl.A.No.549/2026 that the petitioner shall deposit 20 percentage of the compensation amount before the XXV Metropolitan Magistrate, Egmore, Chennai -8 at the credit of STC.No.2030 of 2022 with in sixty days from today and pass such other further orders. For Petitioner(s): Ms.R.Pushpalatha For Respondent(s): M/s.S.Krishnaswamy