← Library
Madras High CourtCRL OP/11416/2026disposed of

S. Mohanasundari v. M. Arvind Bagrecha

2026-06-02Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR S. Mohanasundari ..Petitioner(s) Vs M. Arvind Bagrecha ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to extend the time for deposit of 20 percent of the compensation amount in order dated 16-02-2026 imposed by learned XIX Additional Judge, City Civil Court, Chennai in Crl.M.P.No.1 of 2026 in Crl.A.No.200 of 2026 against S.T.C.No.2962 of 2022 on the file of the XXXVII Metropolitan Magistrate, FTC-IV George Town, Chennai. For Petitioner(s):

M/s.T.Hemalatha

ORDER

This Criminal Original Petition has been filed to extend the time for deposit of 20% of the compensation amount imposed as condition by the learned XIX Additional Judge, City Civil Court, Chennai, vide order dated 16.02.2026, in Crl.M.P.No.1 of 2026 in Crl.A.No.200 of 2026, filed against S.T.C.No.2962 of 2022 on the file of the XXXVII Metropolitan Magistrate, FTC-IV George Town, Chennai.

2.The petitioner, who is the accused in S.T.C.No.2962 of 2022 on the file of the XXXVII Metropolitan Magistrate, FTC-IV George Town, Chennai, for the offence under Section 138 of the Negotiable Instruments Act, was convicted by the trial Court by judgment dated 23.01.2026 and sentenced to simple imprisonment for two months and to pay a sum of Rs.1,20,000/- as compensation, in default, to undergo simple imprisonment for one month. 3.Aggrieved over the same, the petitioner/accused filed an Appeal in Crl.A.No.200 of 2026, along with a petition for suspension of sentence in Crl.M.P.No.1 of 2026, before the XIX Additional City Civil Court, Chennai. The Sessions Court, by order dated 16.02.2026, in Crl.M.P.No.1 of 2026 in Crl.A.No.200 of 2026, admitted the Appeal and suspended the sentence on condition that the petitioner deposits 20% of the compensation amount before the trial Court within a period of 60 days and also directed the petitioner to execute a bond for a sum of Rs.10,000/- with two sureties on or before 10.03.2026.

4.It is the contention of the petitioner that she was unable to mobilise a sum of Rs.24,000/- which was 20% of the compensation amount, within the stipulated time. Hence, the petitioner has filed this petition seeking extension of time for deposit of the said amount.

5.Today, the learned counsel for the petitioner has produced a Demand Draft bearing No.004217 drawn on HDFC Bank favouring the trial Court in S.T.C.No.2962 of 2022 for a sum of Rs.24,000/- (Rupees Twenty Four Thousand only) and seeks permission to deposit the same before the trial Court and to execute sureties. The apprehension of the learned counsel for the petitioner is that, since the time stipulated by the trial Court has expired, the trial Court might not entertain deposit of the Demand Draft and execution of sureties. Hence, the learned counsel prays for appropriate orders. 6.Considering the fact that the petitioner has now drawn the Demand Draft and is ready to deposit the same before the trial Court, the petitioner is given 15 days' time to deposit the Demand Draft before the trial Court to the credit of S.T.C.No.

2962 of 2022 and also execute sureties. On such deposit being made by the petitioner within a period of 15 days, the trial Court shall receive the Demand Draft and permit the petitioner to execute the sureties. 7.With these directions, this Criminal Original Petition is disposed of.

To

1. The XIX Additional Judge, City Civil Court, Chennai.

2. The XXXVII Metropolitan Magistrate, FTC-IV George Town, Chennai.

3. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR J.

MKN 02-06-2026