Madras High CourtCRL OP/10512/2025ordered

Sridhar v. K.Jegan

2025-04-08Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sridhar ... Petitioner Vs K.Jegan ... 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 comply the condition "the petitioner shall deposit 10 percentage of the total compensation amount before the trail court at the credit of S.T.C. within two months from the date of this order".

For Petitioner : Mr.S.Senthilvel For Respondent : Mr.M.Manoj Kumar

ORDER

This Criminal Original Petition has been filed to extend the time granted to the petitioner in Crl.M.P.No.433 of 2024 in C.A.No.46 of 2025 dated 09.01.2025 passed by the Principal Sessions Judge, Chennai.

2. Heard both sides 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.1062 of 2024 on the file of the Trial Court. After fulfledged Trial, the Trial Court convicted the petitioner under Section 138 of Negotiable Instruments Act and sentenced him to undergo one year 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.46 of 2025 along with a petition for suspension of sentence in Crl.M.P.No.433 of 2024 on the file of the Principal Sessions Judge, Chennai. The Appellate Court, by an order dated 09.01.2025 suspended the sentence, on condition that the petitioner shall deposit 10% of the compensation amount, within a period of two months from the date of the order viz., 09.01.2025. However, the petitioner is unable to comply with the condition within the time fixed by the appellate Court.

4. Now, the petitioner produced the Demand Draft for 10% of the cheque amount and sought for extension of time to comply with the order passed in Crl.M.P.No.433 of 2024 in C.A.No.46 of 2025 dated 09.01.2025 by the Principal Sessions Judge, Chennai.

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

to comply with the order passed in Crl.M.P.No.433 of 2024 in C.A.No.46 of 2025 dated 09.01.2025, on the file of the Principal Sessions Judge, Chennai, is extended till 17.04.2025. It is made clear that if the petitioner fails to comply with the order passed by the appellate Court on or before 17.04.2025, the appellate Court is directed to proceed as against the petitioner, in accordance with law.

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

08.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn Note: Issue order copy on 08.04.2025

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal Sessions Judge, Chennai.

2. The Public Prosecutor, High Court, Madras.

08.04.2025