M/S.Vts Enterprises India Private Ltd v. M/S.Bsg Traders

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.7684 of 2025 1.M/s.VTS Enterprises Indian Private Ltd.

Represented by its Managing Director, Mr.Sathya Narayanan C.Y.

S/o Chinnaswamy Yuvaraj, No.3B, 3rd Floor No.25, Park Center, Venkatanarayana Road, T.Nagar, Chennai 600 017.

2.Mr.Sathya Narayanan C.Y.

... Petitioners Vs.

M/s.BSG Traders, Proprietrix, Mrs.B.Chandrakala, Represented by her power agent, Mr.Balu Bhaskar, S/o Balu Subbaraya Chetty, No.4, Rajiv Gandhi Main Road, Erukkanchery, Chennai 600 118. ...Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to grant an extension of another two months to comply with the order in Crl.M.P.No.36641 of 2024 in Crl.A.No.1077 of 2024 wherein the petitioner / 2nd Appellant /

Accused directed to deposit Rs.60,00,000/- (Rupees Sixty Lakhs only) before the Trial Court at the credit of S.T.C within two months from the date of the order dated 21.12.2024.

For Petitioners : Mr.M.Velmurugan

O R D E R

This petition has been filed seeking an extension of time to comply with the order dated 21.12.2024 passed by the Metropolitan Magistrate Fast Track Court I, Egmore, Allikulam, Chennai, in Crl.M.P.No.36641 of 2024 in Crl.A.No.1077 of 2024.

2. Heard both sides and perused the materials placed on record.

3. The petitioners herein are the accused in the complaint lodged by the respondent for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the "N.I. Act, 1881") in STC No.3069 of 2023 on the file of the Metropolitan Magistrate Fast Track Court I, Egmore, Allikulam, Chennai . After a full-fledged trial, the

Trial Court convicted the second petitioner for the offence under Section 138 of the N.I. Act, 1881, and sentenced him to undergo six months of simple imprisonment. The Trial Court also awarded compensation equivalent to the cheque amount.

4. Aggrieved by the same, the second petitioner preferred an appeal and also filed an application for suspension of sentence in Crl.M.P.No.36641 of 2024 in Crl.A.No.1077 of 2024 before the learned Principal Sessions Judge, Chennai. The Appellate Court, by order dated 21.12.2024, suspended the sentence and directed the second petitioner to deposit Rs.60 Lakhs towards the compensation amount on or before two months from the date of receipt of the order dated 21.12.2024. However, the second petitioner could not comply with the condition within the time stipulated by the Appellate Court. The second petitioner now seeks an extension of time and is ready and willing to comply with the condition.

5. Considering the facts and circumstances of the case, the time for compliance with the condition imposed by the Appellate Court in Crl.M.P.No.36641 of 2024 in Crl.A.No.1077 of 2024 is extended until

26.03.2025, failing which, the Appellate Court is directed to proceed against the petitioners in accordance with law.

6. With the above directions, this Criminal Original Petition stands disposed of.

17.03.2025 : Yes/No Speaking/non-speaking order shk Note: Issue order copy on 17.03.2025

To

1. Principal Sessions Judge, Chennai

2. Metropolitan Magistrate Fast Track Court I, Egmore, Allikulam, Chennai

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN, J.

shk Crl.O.P.No.7684 of 2025 17.03.2025