E.Gomathi v. Padmavathy

O R D E R This petition has been filed challenging the order dated

30.04.2026, passed by the learned Principal District Judge, Puducherry, in M.P.No.1 of 2026 in C.A.No.64 of 2026, thereby directing the petitioner to deposit 20% of the compensation amount before the Trial Court within a period of two months.

¶2Heard the learned counsel appearing for the petitioner. Though notice has been duly served and the name of the respondent is also printed in the cause list, none has appeared on behalf of the respondent, either in person or through counsel.

¶3On perusal of the records, it is revealed that the petitioner was convicted by the judgment dated 10.04.2026, for the offence punishable under Section 138 of the Negotiable Instrument Act, by the learned Judicial Magistrate, Fast Track Court, Puducherry, in S.T.C.No.1621 of 2021 and was sentenced to undergo one year simple imprisonment and to pay a compensation of the cheque amount viz., Rs.4,00,000/- to the complainant, in default to undergo one month simple imprisonment. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.64 of 2026 along with the petition to suspend the sentence pending disposal of the appeal. The Appellate Court, while considering the petition for suspension of sentence, by an order dated 30.04.2026 suspended the sentence alone till the disposal of the appeal on condition to deposit 20% of the compensation amount before the Trial Court within a period of two months.

¶4Though, the Hon'ble Supreme Court of India had held that the requirement to deposit of 20% is generally a rule for suspension of sentence, however this Court can reduce or exempt such deposit in certain exceptional or reasoned cases.

¶5Whereas, in the case on hand, this Court finds no valid reason or any exceptional circumstance to reduce such deposit. Hence, this Court finds no infirmity or illegality in the order passed by the Appellate Court thereby imposing condition to deposit 20% of the compensation amount. However, this Court is inclined to extend the time to comply the order passed by the Appellate Court. Accordingly, the petitioner shall comply the condition imposed in the order dated

30.04.2026 passed by the learned Principal Sessions Judge, Chennai, in M.P.No.1 of 2026 in C.A.No.64 of 2026, on or before 21.08.2026.

¶6Accordingly, the Criminal Original Petition stands disposed. Consequently, the connected miscellaneous petition is closed.

14.08.2026 Index : Yes/No : Yes/No Speaking/non-speaking order Note : Issue order copy today i.e., on 14.08.2026 rts To

¶1The Principal District Judge, Puducherry.

¶2The Judicial Magistrate, Fast Track Court, Puducherry.

G.K.ILANTHIRAIYAN, J. rts Crl.O.P.No.18456 of 2026 and Crl.M.P.No.12285 of 2026

14.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.08.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.18456 of 2026 and Crl.M.P.No.12285 of 2026 E.Gomathi, W/o.Ezhumalai, No.48, Vinayagar Koil Street, Gandhi Nagar, Puducherry – 09. ..Petitioner(s) Vs Padmavathy, W/o.Babu No.17, VOC Street, Shanmugapuram, Puducherry – 09. ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to the order dated 30.04.2026 passed in M.P.No.1 of 2026 in Criminal Appeal No.64 of 2026 on the file of the learned Principal District Judge, Puducherry, set aside the condition insofar as directing the petitioner to deposit 20% of the compensation amount and consequently direct the learned Principal District Judge, Puducherry, to hear and dispose Criminal Appeal No.64 of 2026 on merits and in accordance with law. For Petitioner(s): Mr.P.Sudagar For Respondent(s): No appearance