T.Geethalakshmi v. S.Nithyanandham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.M.P.No.12209 of 2025 and Crl.O.P.No. 9447 of 2025

1. T.Geethalakshmi

2. M.Sivakumar ... Petitioners Vs S.Nithyanandham ... Respondent PRAYER:

Criminal Miscellaneous Petition is filed under Section 528 of BNSS 2023, seeking extension of time to comply the condition imposed by this Court vide order dated 28.3.2025 in Crl.O.P.No.9447 of 2025. For Petitioners : Mr.Krishnasamy Chinnasamy

O R D E R

The petitioners are the accused in STC No.1261 of 2019 on the file of the Judicial Magistrate, Thiruvottiyur. Aggrieved by the conviction of the Trial Court, the petitioners preferred an appeal in Crl.A.No.138 of 2024 along with suspension of sentence in Crl.M.P.4373 of 2024 before the Principal District and Sessions Court in Thiruvallur.

2. The Appellate Court vide order dated 06.8.2024 in Crl.M.P.No.4373 of 2024 suspended the sentence subject to the condition that the petitioners would pay 20% of the cheque amount to the credit of STC No.1261 of 2019 on or before 14.10.2024.

3. The petitioner had already filed Crl.O.P.No.9447 of 2025 seeking to set aside the said order dated 06.08.2024 passed in Crl.M.P.No.4373 of 2024 by the learned Principal District and Sessions Judge at Tiruvallur and also to extend time to comply with the order passed by the learned Principal District and Sessions Judge, Tiruvallur.

4. This Court, while disposing the said criminal original petition, vide order dated 28.3.2025, directed the petitioners to comply with the conditions imposed on the petitioners by the learned Principal District and Sessions Judge, Tiruvallur in Crl.M.P.No.4373 of 2024 in Crl.A.No.138 of 2024 dated 06.8.2024 on or before 07.04.2025. 5.The petitioner has filed this Criminal Miscellaneous Petition seeking extension of time to comply the condition imposed by this Court vide order dated 28.3.2025 in Crl.O.P.No.9447 of 2025.

6. Heard the learned counsel for the petitioner and perused the materials available on record.

7. On previous hearing, ie., on 01.07.2025, this Court granted time to comply the order of the Court till 03.07.2025 and posted the matter today ie., on 04.07.2025 for reporting compliance.

8. Today, when the matter is taken up for hearing, it is stated that order of this Court has not been complied with. Since the order of this Court has not been complied with by the petitioners, this Court is not inclined allow this Criminal Miscellaneous Petition. Further, this Court directs the learned Principal District and Sessions Judge, Tiruvallur to dispose of the Crl.A.No.138 of 2024 on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

9. With the abovesaid direction, this Criminal Miscellaneous Petition is dismissed.

04.07.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Principal District and Sessions Judge, Tiruvallur

2. The Judicial Magistrate, Thiruvottiyur.

P.VELMURUGAN, J mfa Crl.M.P.No.12209 of 2025 and Crl.O.P.No. 9447 of 2025 04.07.2025