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Madras High CourtCRL OP/19705/2025dismissed

B.Karpagavalli v. Elavarasi

2025-07-15Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN B.Karpagavalli ... Petitioner Vs.

Elavarasi ... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to set aside the order passed in Crl.M.P.No.5492 of 2024 in C.A.No.56 of 2024 on the file of the Principal District and Sessions Judge, Cuddalore and grant extension of time to deposit 20% of Rs.6,50,000/-(cheque amount) before the learned Judicial Magistrate No.II, Chidambaram.

For Petitioner : Ms. Usha Ramman

O R D E R

The Criminal Original Petition is filed to set aside the order passed in Crl.M.P.No.5492 of 2024 in C.A.No.56 of 2024 on the file of the Principal District and Sessions Court, Cuddalore and grant extension of time to deposit 20% of the cheque amount i.e., Rs.6,50,000/- before the 1/4

learned Judicial Magistrate No.II, Chidambaram.

2. Heard the learned counsel for the petitioner and perused the materials available on record.

3. It is seen that while suspending the sentence on 28.08.2024 in Crl.M.P.No.5492 of 2024, the learned Principal District and Sessions Judge, Cuddalore, imposed certain conditions, in which, one of the conditions is that the petitioner shall deposit 20% of the cheque amount before the learned Judicial Magistrate No.II, Chidambaram within one month. However, the petitioner has not complied with the direction of the Court below and after lapse of 10 months, now, he has come forward with the present petition seeking extension of time to deposit the said cheque amount.

4. Considering the facts and circumstances and also considering the submissions, this Court is of the view that the reasons assigned by the petitioner for non-compliance of the order dated 28.08.2024 in Crl.M.P.No.5492 of 2024, is not sufficient to grant further time to deposit the said amount. Hence, the petitioner is not entitled to get the relief as 2/4

sought for in the present petition. Accordingly, the Criminal Original Petition is dismissed.

5. However, the learned Principal District and Sessions Judge, Cuddalore, is directed to dispose of the appeal in Crl.A.No.56 of 2024 on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

15.07.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Judicial Magistrate No.II, Chidambaram.

2.

The Principal District and Sessions Judge, Cuddalore.

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P.VELMURUGAN, J ms 15.07.2025 4/4