Madras High Court
CRL OP/29709/2026 of Deepa Vs S.N.Phalani on 14 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29709 of 2026
and
Crl.M.P.no.19760 of 2026
CNR: {HCMA012439672026}
Deepa
W/o Gunasekaran,
42, Raja Agraharam Street,
Poonamallee, Chennai.
..Petitioner(s)
Vs
S.N.Phalani
S/o Narayanan,
No.26, Nambi Nagar 2nd Street,
Poonamallee, Chennai.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSS to set aside the order of the learned III Additional District and Sessions Judge, Thiruvallur at Poonamallee dated 03-09-2026 passed on a Memo dated 12-8-2025 in Crl A
No. 72 of 2023 and permit the petitioner to deposit the 20 percent of the cheque amount, namely Rs.3,88,000 to the credit of STC No. 199/2027 on the file of the Judicial Magistrate-Fast Track Court, Magisterial Level, Poonamallee and restore the order of the Principal District and Sessions Judge, Thiruvallur passed in Crl MP No. 1136 of 2023 dated 24-3-2023 suspending the substantive
sentence passed in STC No. 199/2027 on the file of the Judicial Magistrate-Fast Track Court, Magisterial Level, Poonamallee and thus render justice.
For Petitioner(s):
Mr.A.M.Rahamath Ali
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ORDER
This petition has been filed challenging the order dated 03.09.2026 in Crl A No. 72 of 2023 on the file of the learned III Additional District and Sessions Judge, Thiruvallur at Poonamallee.
2. The petitioner is an accused on the complaint lodged by the respondent for the offence punishable under section 138 of the Negotiable Instruments Act. After full fledged trial the Trial Court found the petitioner guilty and convicted her to undergo 6 months simple imprisonment and to pay a compensation of Rs.19,44,000/- and in default to undergo 3 months simple imprisonment vide order dated 12.01.2023 in STC No. 199 of 2017. Aggrieved by the same the petitioner filed an appeal in Crl.A.No.72 of 2023 and seeking suspension of sentence in Crl.M.P.No.1136 of 2023 and the learned Appellate Court vide order dated 24.03.2023 directed the petitioner to deposit 20% of the cheque amount. However, the petitioner failed to comply with the said condition. Hence, the Appellate Court issued Non- Bailable warrant against the petitioner. Thereafter, the respondent herein filed a Memo on 12.08.2025 informing the
Appellate Court about the non-deposit and the learned III Additional District and Sessions Court, Thiruvallur at Poonamalle passed the impugned order dated 03.09.2026 thereby revoking and vacating the order dated 24.03.2023 passed in Crl.M.P.No.1136 of 2023 in Crl.A.No.72 of 2023 and a direction was issued to the Trial Court to take immediate steps to secure the accused and to undergo the sentence of simple imprisonment as per the Judgment dated 12.01.2023. Aggrieved over the same, the petitioner has filed the present petition.
3. The learned counsel for the petitioner submits that the petitioner has paid a sum of Rs.3,50,000/- and complied with the condition and also produced the cheque before this Court.
4. Heard the learned counsel for the petitioner and perused the materials available on record.
5. It is seen from records that the petitioner has paid the compensation amount of Rs.3,50,000/- on 03.10.2026 and a sum of Rs.40,000/- on 06.10.2026 by way of Demand draft and also produced the xerox copy of the same. .
6. In view of the above facts, the order dated 03-09-2026 passed by the learned III Additional District and Sessions Judge, Thiruvallur at Poonamallee revoking the suspension of sentence order is hereby set aside. Accordingly this petition is allowed. Consequently the connected miscellaneous petition is closed. The Appellate Court is directed to dispose the appeal within a period of 3 months from the date of receipt of a copy of this order. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN To.
1. The III Additional District and Sessions Judge, Thiruvallur at Poonamallee
2. The Public Prosecutor, High Court, Madras
G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 29709 of 2026 and Crl.M.P.no.19760 of 2026 14-10-2026