Madras High CourtCRL OP/3554/2023disposed of

S.Soloman Jayaraj v. Shanthi

2023-02-16Honourable Mr Justice G. Chandrasekharan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN and Crl.M.P.Nos.2217, 2219 & 2221 of 2023 S.Solomon Jayaraj ... Petitioner in Crl.O.P.No.3554 of 2023 P.Raja Samuel ... Petitioner in Crl.O.P.No.3556 of 2023 K.Ramalakshmi ... Petitioner in Crl.O.P.No.3557 of 2023 /vs/ Shanthi ... Respondent in Crl.O.P.Nos.3554 & 3557 of 2023 Sethuramasubramaniam .....Respondent in Crl.o.P.No.3556 of 2023 Prayer in Crl.O.P.No.3554 of 2023 : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to set aside the order passed on 31.01.2023 in Crl.M.P.No.2095 of 2023 before the Principal Session Judge, Chennai consequently extend 6 weeks time to deposit 20% amount. Prayer in Crl.O.P.No.3556 of 2023 : Criminal Original Petition has been

filed under Section 482 of Cr.P.C. to set aside the order passed on 31.01.2023 in Crl.M.P.No.2096 of 2023 before the Principal Session Judge, Chennai consequently extend 6 weeks time to deposit 20% amount. Prayer in Crl.O.P.No.3557 of 2023 : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to set aside the order passed on 31.01.2023 in Crl.M.P.No.2097 of 2023 before the Principal Session Judge, Chennai consequently extend 6 weeks time to deposit 20% amount. For Petitioners ... Mr.R.Rajesh Kumar For Respondents ... Mr.S.Santhosh Government Advocate (crl.side)

ORDER

These Criminal Original Petitions have been filed to set aside the orders passed on 31.01.2023 in Crl.M.P.No.2095, 2096 and 2097 of 2023 before the Principal Session Judge, Chennai consequently extend 6 weeks time to deposit 20% amount.

2. The learned counsel for the petitioners submitted that petitioners were convicted and sentenced in C.C.Nos.5446,5449 & 5450 of 2022 under Section 138 of Negotiable Instruments Act. Thereafter, petitioners filed appeal against the judgments in C.A.Nos.330, 331 & 332 of 2022

and also filed Crl.M.P.Nos.23728, 23729 & 23730 of 2022 for suspension of sentence on the file of the learned Principal Sessions Judge, Chennai. The learned Judge suspended the sentence with a condition to deposit 20% of the compensation amount to the credit of C.C.Numbers on the file of the Trial Court within a period of sixty days from the date of receipt of copy of the order. Thereafter, petitioners filed Crl.M.P.No.2095, 2096 and 2097 of 2023 seeking extension of time granted in Crl.M.P.Nos.23728, 23729 & 23730 of 2022, however, learned Judge granted only 3 days (ie., till 03.02.2023). Therefore, petitioner filed this petition seeking extension of time to deposit the compensation amount.

3. It is his further submission that petitioners are not able to mobilize the fund and therefore, they were not able to deposit the compensation amount within the time fixed.

4. In the light of the submissions made by the learned counsel for the petitioners, this Court grants further four weeks time from today

(16.02.2023) to deposit the amount as ordered by the learned Principal Sessions Judge, Chennai in Crl.M.P.Nos.23728, 23729 & 23730 of 2022.

5. With the above directions, these Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petitions are closed. 16.02.2023 Index: Yes/No Internet: Yes/No Speaking/Non speaking order Sma NOTE : Registry is directed to issue order copy on 20.02.2023 To The learned Principal Sessions Judge, Chennai. G.CHANDRASEKHARAN, J.

Sma

16.02.2023