CRL OP No. 16461 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 16461 of 2026 Vallimuthu J S/o Jayachandran, No.20, 1st Floor, Andal street, East Tambaram-600059 ..Petitioner(s) Vs K.R.Krishnamurthy Authorised signatory of M/s Ayngaran pharma Distributors, No.919, First Floor, E.V.R., Periyar salai, (Poonamallee high road) Chennai-60084 ..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS Act, 2023, to set aside and modify the condition in para 5(ii) imposed in Crl.M.P.No.1 of 2026 in Crl.A. 679 of 2026 by order dated 13.05.2026 passed by the Learned Vacation Sessions judge/ XXII Additional District Judge,Chennai and is pending before the Honble XV Additional Judge, City civil court, Chennai. For Petitioner(s): Mr.C.P.Naresh Kumar For Respondent(s): Mr.S.Elangovan ORDER This criminal original petition is filed with a prayer to modify the condition imposed by the learned XXII Additional Sessions Judge, Chennai, on 13.05.2026 in Crl.MP.No.1 of 2026 in Crl.A.No.679 of 2026. https://www.mhc.tn.gov.in/judis CRL OP No. 16461 of 2026 __________ Page2 of 4 2.The above is a case under 138 of the Negotiable Instruments Act. The lower appellate court, while suspending the sentence, had issued direction as per the provisions of the Act to deposit 20% of the compensation amount. 3.The learned counsel for the petitioner pleads hardship. 4.The said prayer is opposed by the learned counsel for the respondent by submitting that the cheque amount itself is only Rs.10,00,000/- and the entire amount is given through banking transactions. 5.The learned counsel appearing on behalf the petitioner refutes the contention by submitting that the amount is also repaid through banking transaction and hence, the appeal. 6.Considering the contentions made by the parties and the hardship that is pleaded, I am of the view that the condition imposed by the lower appellate Court can be modified as follows. (i).This criminal original petition is partly allowed on the following terms: https://www.mhc.tn.gov.in/judis CRL OP No. 16461 of 2026 __________ Page3 of 4 the condition imposed by the learned XXII Additional Sessions Judge, by order dated 13.05.2026 made in Crl.M.P.No.1 of 2026 in Crl.A.No.679 of 2026 shall be modified inasmuch as it directs in paragraph No.5 (ii) to deposit 20% of the compensation amount as 15% of the compensation amount. (ii). The said sum shall be paid within a period of three weeks from the date of receipt of the web copy of the order. (iii). It is made clear that no further extension of time will be granted. 14-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No sms To 1.The Learned Vacation Sessions judge/ XXII Additional Sessions Judge, Chennai. 2. XV Additional Judge, City civil court, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 16461 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY, J. sms CRL OP No. 16461 of 2026 14-07-2026 https://www.mhc.tn.gov.in/judis