D.S.Engineering, v. Karunanithi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2026

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN in Crl.R.C.No.1924 of 2025 D.S.Engineering rep by its Proprietor Sathyanarayanan, S/o.Durairaj, Mamallapuram Salai, Kanakoilpettai, Thirukazhukundram Taluk, Chengapattu District.

...

Petitioner Vs.

Karunanithi ...

Respondent Prayer: Criminal Miscellaneous Petition filed under Section 528 of the BNSS, 2023 to extend the time of two weeks given by this Hon'ble Court in para 3 of the order dated 17.11.2025 in Crl.M.P.No.21475/2025 in Crl.R.C.No.1924/2025.

For Petitioner : Mr.G.Mageshkumar For Respondent : Mr.R.T.Vijayaraaghavan 1/4

O R D E R

The petitioner was granted suspension of sentence on 06.10.2025 on the condition that the petitioner should deposit Rs.3,00,000/- within a period of four weeks. The petitioner had not complied with the said condition. Hence, he filed Crl.M.P.No.21475 of 2025, which was ordered on 17.11.2025 granting two weeks time to make the said deposit. The petitioner had not made the deposit even within the extended time. The petitioner has now filed the instant application, one month after the expiry of the time on 05.01.2026, seeking extension of time to comply with the said condition.

2.The learned counsel for the petitioner would submit that the petitioner has suffered a cardiac problem and it is feasible for him to deposit only Rs.1,00,000/-.

3.Admittedly, the cheque amount is Rs.15,00,000/-. In the order granting suspension of sentence, this Court has observed that if the petitioner fails to comply with the condition, the order granting suspension of sentence shall stand vacated without reference to this 2/4

Court. In spite of several opportunities being given to the petitioner, the petitioner has failed to comply with the said condition. Hence, the order of this Court dated 06.10.2025 in Crl.M.P.No.18510 of 2025, granting suspension of sentence is vacated, and it is open to the respondent to seek execution of the impugned Judgment.

4.Accordingly, the Criminal Miscellaneous Petition is dismissed. 28.01.2026 Index : Yes/No Internet : Yes/No Speaking order/Non-speaking order Tsg To 1.The Principal District and Sessions Judge, Chengalpattu. 2.The Judicial Magistrate No.I, Chengalpattu. 3/4

SUNDER MOHAN, J.

Tsg in Crl.R.C.No.1924 of 2025 28.01.2026 4/4