G.Maheswari v. M.T.R.Nagaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.OP.No.10974 of 2024 G.Maheswari ... Petitioner Vs.

M.T.R.Nagaraj ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, prayed to extend the time for further period of 10 days to execute the sureties and deposit 20% of the compensation amount in Crl.MP.No.28574 of 2023 in C.A.No.694 of 2023 order dated 08.11.2023 on the file of the Principal Sessions Court, Chennai. For Petitioner : Mr.Thenrajan

O R D E R

The petitioner is an accused found guilty of issuing a cheque for a sum of Rs.3,30,000/- without fund. She had been convicted by the trial Court to undergo one year simple imprisonment and to pay the cheque amount as fine within one month, in default, to undergo three months simple imprisonment. Being aggrieved by the judgment of conviction and 1/4

sentence, the petitioner has preferred an appeal before the Principal Sessions Court, Chennai in Crl.A.No.694 of 2023 and also sought for suspension of sentence.

2. The lower Appellate Court had suspended the sentence on a condition to deposit 20% of the compensation amount within sixty days from the date of order i.e., 08.11.2023. The petitioner is unable to mobilize the money to deposit 20% of the compensation amount within sixty days. Hence, she is before this Court seeking extension of time.

3. The learned counsel for the petitioner states that the petitioner being a house wife was unable to mobilize Rs.66,000/- (Rupees Sixty Six thousand only) within a period of sixty days and due to the intervention of summer vacation, her application for extension of time could not be taken up immediately. The learned counsel further states that now, the petitioner is ready to deposit a sum of Rs.66,000/- within ten days from today.

4. Considering the undertaking given by the learned counsel on behalf of the petitioner, this Criminal Original Petition is allowed by 2/4

extending the time to deposit 20% of compensation amount as ordered by the learned Principal Sessions Judge, Chennai till 13.06.2024 and to furnish the sureties.

03.06.2024 Vv Note: Issue Order Copy on 04.06.2024 To

1. The Principal Sessions Court, Chennai.

2. The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN, J.

Vv Crl.OP.No.10974 of 2024 03.06.2024 4/4