E.Venkatesan v. Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN E.Venkatesan ... Petitioner ..vs..

Murugesan ... Respondent Criminal Miscellaneous Petition filed under Section 528 BNSS, 2023, to extend the time to comply with the condition imposed by this Court in Crl.O.P.No.30358 of 2024 dated 04.12.2024. For Petitioner : Mr.D.A.Sugumar

O R D E R

The Criminal Miscellaneous Petition is filed to extend the time to comply with the condition imposed by this Court in Crl.O.P.No.30358 of 2024 dated 04.12.2024.

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2. Heard both sides and perused the materials available on record.

3. It is seen from the records that the learned Principal Sessions Judge, Sessions Division, Vellore, while granting suspension of sentence, directed the petitioner to deposit 30% of the compensation amount to the credit of the trial Court within two months and imposed the other conditions and as against the said order dated 01.10.2024, the petitioner filed the petition in Crl.O.P.No.30358 of 2024 seeking a direction to set aside the above order. This Court vide order dated 04.12.2024 modified the condition to deposit 30% of the compensation amount to 20% of the compensation amount to be paid by the petitioner to the credit of C.C.No.198 of 2018 on the file of the Judicial Magistrate Court, Gudiyattam, within 30 days i.e., on or before 03.01.2025.

Despite giving directions, the petitioner neither complied with the said condition, nor filed a petition seeking extension of time before expiry of the date. However, after lapse of five months, now the petitioner has come up with the present petition seeking extension of time. Hence, the present petition is not maintainable. Accordingly, the Criminal Miscellaneous Petition is dismissed.

Division, Vellore, is hereby directed to dispose of the appeal in Crl.A.No.45 of 2024 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order. 04.07.2025 Index : Yes/No Speaking Order : Yes/No ms To

1. The Principal District and Sessions Judge, Sessions Division, Vellore.

2. The Judicial Magistrate, Gudiyattam.

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P.VELMURUGAN, J ms 04.07.2025 4/4