Kumarchettiar v. Rudrappan

Crl.MP.No.6357 of 2024 in Crl.OP.No.6238 of 2024 Dr.G.JAYACHANDRAN,J.

The petitioner herein is a convict in criminal complaint initiated under Section 138 of Negotiable Instruments Act. As a precondition to suspend the sentence in Crl.MP.No.31757 of 2023 in C.A.No.771 of 2023 in C.C.No.660 of 2021, the Appellate Court imposed condition by depositing Rs.2,60,000/- on or before 20.12.2023. He was not able to deposit the money to the credit of C.C.No.660 of 2021 within the time prescribed. Hence, sought for extension of time. This Court vide order dated 14.03.2024 in Crl.OP.No.6238 of 2024 extended the time till 20.03.2024 to deposit a sum of Rs.2,60,000/- to the credit of C.C.No.660 of 2021. The petitioner has drawn a Demand draft in favour of Chief Metropolitan Magistrate, Egmore, Chennai for a sum of Rs.2,60,000/- on 19.03.2024. However, when it was presented before the Court below, it was found that the C.C.Number is not mentioned in the order of this Court dated 14.03.2024 and therefore the same cannot be received.

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2. Taking note of the fact that the petitioner has complied with the order by drawing demand draft for a sum of Rs.2,60,000/-, but could not deposit it, due to some omission in the order extending time, this Criminal Miscellaneous Petition is allowed. In the order dated 14.03.2024 in Line 3 of Paragraph No.3 after the word below, the words in "C.C.No.660 of 2021 on the file of the learned Metropolitan Magistrate-Fast Track Court-I, Egmore@ Allikulam, Chennai" shall be incorporated.

12.04.2024 Vv Registry is directed to carry out the necessary amendment and issue fresh order copy.

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Dr.G.JAYACHANDRAN,J.

Vv Crl.MP.No.6357 of 2024 in Crl.OP.No.6238 of 2024 12.04.2024 3/3