Madras High CourtCRL OP/8031/2026disposed of

B. Ramakrishnan v. M/S. Hemant And Co.,

2026-03-30Honourable Mr Justice M. Nirmal Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-03-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR

1. B. Ramakrishnan Represented by its Proprietor of M/s.R.K.Agencies, Having office at No. 6/129, Bound Street, Mani Mangalam, Kanchipuram 601 301.

2. B.Ramakrishnan Proprietor of M/s. R.K.Agencies, Residing at No. 1/204, Bound Street, Mani Mangalam, Kanchipuram 601 301.

Petitioner(s) Vs M/s. Hemant and Co., Represented by its Power of Attorney, Mr.D.Satheeshkumar, S/o.Dillibabu, Having address at No.12, Wallace Garden, 2nd Street, Thousand Lights, Chennai 600 006.

Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, to extend the time to deposit of 20 % of the compensation amount before the Trial court at the credit of S.T.C.No. 858 of 2025 on the file of XXXVII Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai within Thirty days from the date of this order as imposed in Para No.7 in Crl.M.P.No. 1 of 2026 in C.A.No. 235 of 2026 by an order dated 23.02.2026 on the file of the XV Additional Sessions Judge, Chennai and thus render justice. For Petitioner(s):

Mr.PK.Ganesh

ORDER

This Criminal Original Petition has been filed seeking extension of time to deposit of 20% of the compensation amount before the Trial court at the credit of S.T.C.No. 858 of 2025 on the file of XXXVII Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai within thirty days from the date of the order as imposed in Para No.7 in Crl.M.P.No. 1 of 2026 in C.A.No. 235 of 2026 by an order dated 23.02.2026 on the file of the XV Additional Sessions Judge, Chennai.

Facts in brief:

2. The petitioner/accused was found guilty for the offence under Section 138 of Negotiable Instruments Act in S.T.C.No.858 of 2025 on the file of the XXXVII Metropolitan Magistrate/Fast Tract Court-IV, George Town, Chennai and the trial Court by an order dated 28.01.2026, convicted the petitioner for the aforesaid offence and sentenced him to undergo simple imprisonment of 6 months and directed the accused to pay a cheque amount of Rs.30,00,000/- as compensation in default to undergo simple imprisonment of 3 months. 2.1 Aggrieved by the same, the petitioner preferred an appeal before XV Additional Sessions Court, Chennai in C.A.No.235 of 2026 along with

Crl.M.P.No.1 of 2026, seeking suspension of sentence pending disposal of the appeal and the lower appellate Court, vide order dated 23.02.2026, suspended the sentence imposed on the petitioner till the disposal of the appeal on condition that the petitioner deposits 20% of the compensation amount before the trial Court to the credit of S.T.C.No.858 of 2025, within thirty days from the date of the said order. Since the time for depositing 20% of the cheque amount is expired, the petitioner has filed the present petition, seeking extension of time to comply with the condition imposed by the lower Court.

3. Though very many grounds have been raised, the learned counsel for the petitioner submitted that due to his penurious condition, the petitioner was unable to raise funds to comply with the condition imposed by the lower appellate court while suspending the sentence imposed on the petitioner within the time stipulated by the lower appellate court. Further, he submitted that the petitioner is now ready and willing to deposit 20% of the cheque amount to the credit of S.T.C.No.858 of 2025 in compliance with the order dated 23.02.2026 in Crl.M.P.No.1 of 2026 in C.A.No.235 of 2026. Further, he seeks appropriate orders from this Court.

4. Heard the learned counsel for the petitioner and perused the materials available on record.

5. Considering the above submission and recording the undertaking made by the learned counsel for the petitioner, this Court is inclined to extend the time to comply with the order dated 23.02.2026 in Crl.M.P.No. 1 of 2026 in C.A.No. 235 of 2026 on the following directions: (i)The petitioner shall deposit 20% of the cheque amount to the credit of S.T.C.No.858 of 2025 before the trial Court, within a period of four weeks from today.

(ii) It is made clear that no further extension will be granted. (iii) In case, the petitioner fails to comply with the condition stated supra, the order dated 23.02.2026 in Crl.M.P.No.1 of 2026 in Crl.A.No.235 of 2026 passed by XV Additional Sessions Court, Chennai, shall stand cancelled.

6. With the above directions, this Criminal Original Petition is disposed of.

30-03-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes

1. XXXVII Metropolitan Magistrate, Fast Track Court No.IV, George Town, Chennai. 2 XV Additional Sessions Judge, Chennai.

3. The Public Prosecutor, Madras High Court, Chennai.

M.NIRMAL KUMAR J.

jd 30-03-2026