M.Kalaivani v. Mr.Sudhakar Reddy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR M.Kalaivani ..Petitioner(s) Vs Sudhakar Reddy ..Respondent(s) PRAYER: The Criminal Original Petition filed under Section 528 of BNSS, 2023, praying to extend the time limit to deposit 20% of compensation amount before the trial Court at the credit of S.T.C.No.3996 of 2024 passed by the learned XV Additional Sessions Judge in Crl.M.P.No.01 of 2026 in Crl.A.No.78 of 2026, by an order dated 21.01.2026. For Petitioner(s):

Mr.S.Vijayaraghavan

ORDER

This Criminal Original Petition has been filed seeking modification of the conditional order passed by the learned XV Additional Sessions Judge, Chennai, in Crl.M.P.No.1 of 2026 in Crl.A.No.78 of 2026 dated 21.01.2026. 2.

The petitioner is the accused in S.T.C.No.3995 of 2024 on the file of the learned XIX Metropolitan Magistrate, Egmore @ Allikulam, Chennai, for

an offence under Section 138 of the Negotiable Instruments Act. The trial Court, bu judgment dated 24.12.2025, convicted the petitioner and sentenced her to undergo six months simple imprisonment and directed her to pay a compensation amount of Rs.3,60,000/- to the complainant, in default to undergo two months simple imprisonment. Aggrieved by the said judgment, the petitioner preferred an appeal in C.A.No.78 of 2026. The Appellate Court, by order dated 21.01.2026 in M.P.No.1 of 2026, suspended the sentence subject to certain conditions, one of which was that the petitioner shall deposit 20% of the compensation amount before the trial Court within 30 days. Owing to the health ailment suffered by the petitioner, she was unable to comply with the said condition imposed by the Appellate Court. Hence, the petitioner has filed the present petition seeking extension of time to deposit the said 20% of the compensation amount.

3.

Heard the learned counsel appearing for the petitioner. Considering the submission that the petitioner is a widow and the sole breadwinner of her family, taking care of her son and aged mother, and further considering her health condition due to which she was unable to mobilize the funds within the stipulated time, this Court is of the view that the request made by the petitioner deserves to be considered.

4.

Accordingly, this Criminal Original Petition stands disposed of by extending the time granted by the Appellate Court for deposit of 20% of the compensation amount by a further period of two weeks. The petitioner shall deposit the said amount before the trial Court on or before 24.03.2026, without fail.

10-03-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The XV Additional Sessions Judge, Chennai.

M.NIRMAL KUMAR, J.

VKR 10-03-2026