Madras High CourtCRL OP/8779/2025ordered

V. Kanakaraj v. J. Mariammal

2025-03-25Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN V.Kanakaraj ... Petitioner Vs J.Mariammal ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to issue a direction to extent the time to deposit the 10 percentage of the compensation amount, imposed by the Principal District and Sessions Court, Thiruvallur in Crl.M.P.No.6116 of 2024 dated 23.10.2024 before the Judicial Magistrate Court, Fast Track Court Magisterial Level No.II, Poonamallee, Thiruvallur District.

For Petitioner : Mr.P.Pugalenthi

ORDER

This Criminal Original Petition has been filed to extend the time to deposit the 10 percentage of the compensation amount, imposed by the Principal District and Sessions Court, Thiruvallur in Crl.M.P.No.6116 of 2024

dated 23.10.2024.

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.1361 of 2020 on the file of the Judicial Magistrate, Fast Track Court Magisterial Level No.II, Poonamallee. After fulfledged Trial, the Trial Court convicted the petitioner and sentenced him to undergo one year simple imprisonment and also to pay a compensation to the tune of Rs.14,00,000/-. Aggrieved by the same, the petitioner preferred an appeal in C.A.No.202 of 2024 along with an application for suspension of sentence in Crl.M.P.No.6116 of 2024. The Appellate Court, by an order dated 23.10.2024 suspended the sentence, on condition that the petitioner shall deposit 10% of the compensation 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.

4. Considering the above facts and circumstances of the case, the time to comply with the order passed in Crl.M.P.No.6116 of 2024 in C.A.No.202 of 2024 dated 23.10.2024, on the file of the Principal District and Sessions Court, Thiruvallur, is extended till 04.04.2025. It is made clear that if the petitioner fails to comply with the order passed by the appellate Court on or before 04.04.2025, 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.

25.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Note: Issue order copy on 25.03.2025

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal District and Sessions Court, Thiruvallur.

2. The Judicial Magistrate, Fast Track Court Magisterial Level No.II, Poonamallee.

3. The Public Prosecutor, High Court, Madras.

25.03.2025