Madras High Court
CRL OP/32369/2026 of M/s.Rajarajan and Sons Vs S.Arounnassalam on 4 November 2026
CRL OP No. 32369 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04-11-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 32369 of 2026
CNR:{HCMA012673402026}
M/s.Rajarajan and Sons
Represented by its Partner,
K.Rajarajan,S/o Kannan,
No.97 and 98, Vinayagarkoil Street,
M.G.R.Nagar, Mudaliarpet,
Puducherry.
..Petitioner(s)
Vs
S.Arounnassalam
S/o N.Sithanathan Mudaliar,
No.102, Muthayamudaliar Street,
Muthialpet, Puduchery.
..Respondent(s)
Prayer: Criminal Original Petition filed under Sections 528 of BNSS, to set aside the order dt.21.09.2026 passed by the learned Principal Sessions Judge,Puducherry in MP.No.02 of 2026 in Crl.A.No.160 of 2026 in so far as it directs the Petitioner to deposit 20 percent of the compensation amount and pass such further or other orders as this Honble Court.
For Petitioner(s):
Mr.K.T.S.Sivakumar
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ORDER
This petition has been filed challenging the order dated 21.09.2026, passed by the learned Principal Sessions Judge, Puducherry, in Crl.M.P.No.02 of 2026 in Crl.A.No.160 of 2026, thereby directing the petitioner to deposit
CRL OP No. 32369 of 2026
20% of the compensation amount before the Trial Court within a period of two months.
2. Heard 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.
3. On perusal of the records, it is revealed that the petitioner was convicted by the judgment dated 02.02.2026, for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 by the learned Judicial Magistrate (Fast Track Court), Puducherry, in S.T.C.No.723 of 2015 and was sentenced to undergo one year simple imprisonment and to pay the compensation amount viz., Rs.15,00,000/- to the complainant, in default to undergo one month simple imprisonment.
4. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.160 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 21.09.2026 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.
CRL OP No. 32369 of 2026
Aggrieved by the same, the petitioner filed the present petition.
5. The Hon’ble Supreme Court of India in the case of Jamboo Bhandari Vs. M.P.State Industrial Development Corporation Ltd. & ors reported in 2023
(3) MWN Crl. 104 (SC) has held that the requirement to deposit of 20% of the compensation amount is not an absolute rule and it can be reduced or even exempted in exceptional cases by assigning reasons.
6. Whereas, 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. Though this Court is not inclined to set aside the order passed by the Appellate Court, this Court is inclined to extend the time to comply with the order passed by the Appellate Court. Accordingly, the petitioner shall comply with the condition imposed in the order dated 21.09.2026 passed by the learned Principal Sessions Judge, in MP.No.2 of 2026 in Crl.A.No.160 of 2026, on or before 23.11.2026, failing which the present order of this Court extending the time shall automatically stand cancelled and the Appellate Court shall take appropriate action against the accused in accordance with law.
CRL OP No. 32369 of 2026
7. In the result, this Criminal Original Petitions stand dismissed. 04-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Vv Note : Issue Order Copy on 05.11.2026 To
1. The Principal Sessions Judge, Puducherry.
2. The Judicial Magistrate (Fast Track Court), Puducherry
CRL OP No. 32369 of 2026
G.K.ILANTHIRAIYAN J. Vv CRL OP No. 32369 of 2026 04-11-2026