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Crl. O.P. No. 8205 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 06.04.2026 CORAM THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 8205 of 2026 and Crl. M.P. No. 5812 of 2026 N. Anand
... Petitioner Vs. R. Arunkumar
... Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to set aside the condition to deposit 20% of the compensation amount order made in Crl.M.P.No.2 of 2025 in Crl.A.No.1171 of 2025 dated 18.12.2025 on the file of XVIII Additional City Civil Court, Chennai.
For Petitioner : Mr. S. Vijayakumar O R D E R This Criminal Original Petition has been filed seeking to set aside the condition directing the petitioner to deposit 20% of the compensation amount, as ordered in Crl.M.P.No.2 of 2025 in Crl.A.No.1171 of 2025 dated 18.12.2025, on the file of XVIII Additional City Civil Court, Chennai. 1/4 https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 8205 of 2026
2. The petitioner / accused was convicted by the trial Court in S.T.C.No.2085 of 2023, by judgment dated 13.08.2025 and sentenced to undergo one year simple imprisonment and to pay compensation of Rs.16,00,000/-. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.1171 of 2025 along with a petition in Crl.M.P.No.2 of 2025 seeking suspension of sentence. The Sessions Judge admitted the appeal and by order dated 18.12.2025, suspended the sentence and one of the condition that the petitioner shall deposit 20% of the compensation amount of Rs.16,00,000/-.
3. The contention of the petitioner is that the subject matter of the case relates to two cheques for Rs.4,00,000/- each, totalling Rs.8,00,000/-. It is submitted that the trial Court, while convicting the petitioner, did not properly consider the cheque amount and erroneously awarded compensation of twice the cheque amount, i.e., Rs.16,00,000/-.
3.1. It is further contended that, though the issue was raised before the Sessions Court, the same was not properly considered and the order imposing compensation of Rs.16,00,000/- was mechanically recorded, which is not proper. 2/4 https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 8205 of 2026
4. In view of the above, this Court sets aside the order dated 18.12.2025 passed in Crl.M.P.No.2 of 2025, insofar as it directs the petitioner to deposit 20% of Rs.16,00,000/-. Instead, the petitioner is
directed to deposit 20% of Rs.8,00,000/- before the trial Court within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that the other conditions remain unaltered.
5. With the above directions, this Criminal Original Petition stands
disposed of. Consequently, connected miscellaneous petition is closed.
06.04.2026 Neutral Citation : Yes / No AT To 1.The XVIII Additional City Civil Court, Chennai. 2.The XXVII Metropolitan Magistrate, Saidapet, Chennai. 3/4 https://www.mhc.tn.gov.in/judis
Crl. O.P. No. 8205 of 2026 M.NIRMAL KUMAR, J. AT Crl. O.P. No. 8205 of 2026 and Crl. M.P. No. 5812 of 2026 06.04.2026 4/4 https://www.mhc.tn.gov.in/judis