Extracted from the PDF above. The PDF is authoritative.
Crl.O.P.(MD).No.7011 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2026
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.7011 of 2026 and Crl.M.P(MD) No.7561 of 2026 Meenakshi ... Petitioner/ Accused Vs E.Chandiran Gandhji ... Respondent/Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records in Cr.M.P.No.1295 of 2026, dated 30.03.2026 in C.A.No.47 of 2026 on the file of the Principal Sessions Judge, Valliyoor, Tirunelveli District and set-aside the same. For Petitioner : Mr.KA.Ramakrishnan
ORDER The present petition has been filed by the petitioner in Cr.M.P.No.1295 of 2026, dated 30.03.2026 in C.A.No.47 of 2026 on the file of the Principal Sessions Judge, Valliyoor, Tirunelveli District, challenging the condition 1/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.7011 of 2026 imposed therein, wherein the petitioner has been directed to deposit a sum of Rs.2,26,800/- before the learned Judicial Magistrate, valliyoor, within 60 days as a condition for suspension of sentence.
2. As it could be seen from the records, the petitioner has suffered an
order of conviction in S.T.C.No.457 of 2024, on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District. Under the said order, the petitioner has been directed to pay a sum of Rs.11,34,000/- as compensation under Section 357(3) of Cr.P.C.
3. It could further be seen that the cheque amount is Rs.5,67,000/-. The petitioner has challenged the said order in Criminal Appeal No.47 of 2026 before the Principal Sessions Court, Tirunelveli along with the appeal, the petitioner had filed Crl.M.P.No.1295 of 2026 seeking suspension of sentence. As a condition for granting suspension of sentence, the first appellate Court has imposed a condition of deposit of Rs. 2,26,800/- and this part of the order is under challenge in the present petition.
4. According to the learned counsel appearing for the petitioner, 20% 2/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.7011 of 2026 should have been calculated on the cheque amount and not on the compensation amount imposed by the trial Court. He further submitted that the said direction depositing a sum of Rs.2,26,800/- would be an onerous condition to be fulfilled as a condition precedent for suspension of sentence.
5. Considering the above said facts, the order impugned in the petition is herey modified to the effect that the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) instead of Rs.2,26,800/- (Rupees Two Lakhs Twenty Six Thousand and Eight Hundred only) before the Judicial Magistrate, Valliyoor, Tirunelveli District on or before 31.05.2026. All other conditions shall be remained unaltered.
6. With the above said observation, this Criminal Original Petition stands allowed to the extent as stated above. Consequently connected Miscellaneous Petition is closed.
09.04.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.7011 of 2026 To
1. The Principal Sessions Judge, Valliyoor, Tirunelveli District.
2. The Judicial Magistrate, Valliyoor, Tirunelveli District. 4/5 https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.7011 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.7011 of 2026 09.04.2026 5/5 https://www.mhc.tn.gov.in/judis