Madras High CourtCRL OP/8755/2025closed

R.Saravanan v. M.Maheswari

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 R.Saravanan ... Petitioner Vs M.Maheswari ... 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 to deposit the 20 percentage of the Cheque amount a sum of Rs.10,000/- in Crl.M.P.No.31308 of 2024 in C.A.No.850 of 2024 on the file of Learned XXII Additional Sessions Judge, Chennai and thus permit the petitioner to deposit the 20 percentage of the cheque amount to the credit of S.T.C.No.1928 of 2022 on the file of the Learned IV Fast Track Magistrate, George Town, Chennai. For Petitioner : Mr.M.Murali

ORDER

This Criminal Original Petition has been filed to extend the time to deposit the 20% of the Cheque amount a sum of Rs.10,000/- in Crl.M.P.No.31308 of 2024 in C.A.No.850 of 2024 on the file of Learned XXII Additional Sessions Judge, Chennai and thus permit the petitioner to deposit

the 20% of the cheque amount to the credit of S.T.C.No.1928 of 2022 on the file of the Learned IV Fast Track Magistrate, 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.1928 of 2022 on the file of the Metropolitan Magistrate Fast Track - IV, George Town, Chennai. After fulfledged Trial, the Trial Court convicted the petitioner and sentenced him to undergo one month 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.850 of 2024 along with an application for suspension of sentence in Crl.M.P.No.31308 of 2024. The Appellate Court, by an order dated 11.11.2024 suspended the sentence, on condition that the petitioner shall deposit 20% of the cheque amount, within a period of two months 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.31308 of 2024 in C.A.No.850 of 2024 dated 11.11.2024, on the file of the XXII Additional Sessions Judge, Chennai, 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 (3/3) 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 XXII Additional Sessions Judge, Chennai.

2. The Metropolitan Magistrate Fast Track - IV, George Town, Chennai.

3. The Public Prosecutor, High Court, Madras.

25.03.2025