Madras High CourtCRL OP/12096/2025ordered

Chennai Team Lines v. K. Rajesh

2025-04-23Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN 1.M/s. Chennai Team Lines, Rep., by its proprietor - P. Umamaheswaran 2.P. Umamaheswaran ... Petitioner Vs.

K. Rajesh .. Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to extend the time for payment of compensation i.e., Rs.6,80,000/- as 20% of cheques amount of Rs.34,00,000/- ordered by the learned Principal District Sessions Judge, Chennai in Crl.M.P.No.30075 of 2024 in C.A.No.816 of 2024 dated 29.10.2024.

For Petitioners : Ms. N. Vinothini

O R D E R

This Criminal Original Petition has been filed for a direction for extension of time to comply the order passed in Crl. M.P. No. 30075 of

2024 in C.A. No. 816 of 2024 dated 29.10.2024 on the file of the Principal District Sessions Judge, Chennai.

2. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in C.C. No. 4358 of 2019. After full fledged trial, the trial Court convicted the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and also awarded the compensation to the tune of the cheque amount. Aggrieved by the same, the petitioner preferred an appeal along with the application to suspend the sentence in Crl. M.P. No. 30075 of 2024 in C.A. No. 816 of 2024 on the file of the Principal Sessions Court, Chennai. The appellate Court suspended the sentence on condition that the petitioner shall deposit 20% of the compensation amount to the credit of C.C., within 60 days from the date of the order. However, the petitioner could not be able to comply the order.

3. Now, the learned counsel for the petitioner would submit that the petitioner is ready and willing to comply the condition.

4. Considering the above facts and circumstances, the second petitioner shall comply the condition on or before 29.04.2025, failing which, the appellate Court is directed to proceed as against the second petitioner in accordance with law.

23.04.2025 Index : Yes/No : Yes/No AT Note: Issue order copy on 23.04.2025 To The Principal District and Sessions Judge, Chennai.

G.K.ILANTHIRAIYAN, J.

AT 23.04.2025