Madras High Court

CRL OP(MD)/22472/2026 of S.Mythili Vs Mariappan on 8 October 2026

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CRL OP(MD) No. 22472 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 08-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CRL OP(MD) No. 22472 of 2026

CNR:{HCMD011362232026}

S.Mythili

W/o.Seenivasan,

D.No.428, new building, 1st Floor

Ramamoorthy nagar,

Krishnapalayam,

Erode.

And also at

Working address

S.Mythili (F/A-45),

W/o.Seenivasan,

Tamilnadu Kalnadai Paramarippu thurai,

Kalnadai Marunthagam,

Thiruchengodu,

Namakkal District.

..Petitioner(s)

Vs

Mariappan

S/o.Sellaiah,

D.NO. 1/271, Sivankoil street,

Puthiamputhur,

Tuticorin-628402.

..Respondent(s)

PRAYER: This petition filed under Section 528 of BNSS to call for the records and set aside order passed by the Principal Sessions Court at Tuticorin in Cr.M.P.No. 2744/2025 in C.A.NO. 131/2025 dated 23.07.2025 on the file of Principal Session Court Tuticorin by allowing the criminal original petition.

For Petitioner(s):

Mr.K.Pandiarajan

M.Saravanakumar

Mathumitha

For Respondent(s):

--

CRL OP(MD) No. 22472 of 2026

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ORDER

The present petition has been filed by the appellant in Crl.A.No.131 of 2025 on the file of Principal Sessions Court, Tuticorin seeking to set aside the order passed in Crl.MP.No.2744 of 2025, wherein, the petitioner has been directed to deposit 20% of the cheque amount.

2. As could be seen from the records, the petitioner has suffered an order of conviction and sentence in STC No.368 of 2023 on the file of District Munsif cum Judicial Magistrate, Ottapidaram, arising out of complaint under section 138 r/w section 142 of Negotiable Instruments Act.

3. The petitioner had preferred an appeal in CA No.131 of 2025. When the petitioner sought a suspension of sentence, the learned appellate Judge has passed a conditional order, wherein, the petitioner has been directed to deposit 20% of the cheque amount, which is under challenge before this Court.

4. According to the learned counsel appearing for the petitioner, the petitioner’s husband, namely Srinivasan, has passed away on 31.08.2026, and in such circumstances, she is not in a position to deposit the said amount and she has also produced to the death certificate of her husband.

CRL OP(MD) No. 22472 of 2026

5. Considering the above said facts, the order in Crl.M.P.No.2744 of 2025 in CA No.131 of 2025 on the file of Principal Sessions Court, Tuticorin is modified to the extent that the petitioner shall deposit a sum of Rs.50,000/- before the trial Court on or before 11.11.2026. The other conditions in the said order shall remain unaltered.

6. With the aforesaid observations, this Criminal Original Petition stands disposed of. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PNM To The Principal Sessions Judge, Tuticorin

CRL OP(MD) No. 22472 of 2026 R.VIJAYAKUMAR, J. pnm CRL OP(MD) No. 22472 of 2026 08-10-2026

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