Madras High CourtCRL OP/7312/2025ordered

V.Chitra v. J.Parameswaran

2025-03-13Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Chitra ... Petitioner Vs J.Parameswaran ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to extend the time granted by the Hon'ble Principal Sessions Court in Crl.M.P.No.35778 of 2024 in C.A.No.1037 of 2024 on 16.12.2024 now pending on the file of the IV Additional City Civil Court, Chennai to deposit the 10 percent of the cheque amount before the trial court on the credit of S.T.C.No.64 of 2023 on the file of the Metropolitan Magistrate, IV, FTC George Town, Chennai. For Petitioner : Mr.W.M.Abdul Azeez

ORDER

This Criminal Original Petition has been filed to extend the time granted by the Hon'ble Principal Sessions Court in Crl.M.P.No.35778 of 2024 in C.A.No.1037 of 2024 on 16.12.2024 now pending on the file of the IV Additional City Civil Court, Chennai to deposit 10 percent of the cheque

amount before the trial court on the credit of S.T.C.No.64 of 2023 on the file of the Metropolitan Magistrate, IV, FTC George Town, Chennai.

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

3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in S.T.C.No.64 of 2023. After fulfledged Trial, the Trial Court convicted the petitioner and sentenced him to undergo two months simple imprisonment and also to pay a compensation to the tune of cheque amount. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.1037 of 2024 along with an application for suspension of sentence in Crl.M.P.No.35778 of 2024. The Appellate Court, by an order dated 10.12.2024 suspended the sentence, on condition that the petitioner shall deposit 10% of the cheque amount, within a period of sixty days from the date of the order. However, the petitioner is unable to comply with the condition within the time fixed by the appellate Court due to financial crisis.

4. Considering the above facts and circumstances of the case, the time

to comply with the order passed in Crl.M.P.No.35778 of 2024 in C.A.No.1037 of 2024 dated 16.12.2024, on the file of the IV Additional City Civil Court, Chennai, is extended till 24.03.2025. It is made clear that if the petitioner fails to comply with the order passed by the appellate Court on or before 24.03.2025, the appellate Court is directed to proceed as against the petitioner, in accordance with law.

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

13.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Note: Issue order copy on 13.03.2025

G.K.ILANTHIRAIYAN. J, mn To

1. The IV Additional City Civil Court, Chennai.

2. The Metropolitan Magistrate, IV, FTC George Town, Chennai.

3. The Public Prosecutor, High Court, Madras.

13.03.2025