B.Kuppusamy v. M.Christopher

Crl.M.P.No.13783 of 2022 in Crl.O.P.No.16701 of 2022 G.K.ILANTHIRAIYAN, J.

This Petition has been filed for extension of time granted by this Court in Crl.O.P.No.16701 of 2022 dated 20.07.2022 to deposit 20% of the cheque amount in C.C.No.3517 of 2017 in the petition filed to set aside the order in Crl.M.P.No.10759 of 2022 in Crl.A.No.141 of 2021, dated 30.06.2022.

2. The petitioner was convicted and sentenced for the offences punishable under Section 138 of NI Act and therefore, he had preferred an Appeal in Crl.A.No.141 of 2021 along with the suspension of sentence in Crl.M.P.No.15171 of 2021. While suspending the sentence, the petitioner was ordered to deposit 20% of the cheque amount in the Trial Court. Aggrieved by the same, the petitioner challenged the said order before this Court in which, the petitioner was ready and willing to deposit the amount. However, he sought for extension of time. Considering the request, this Court extended the time for another period of 10 days from 20.07.2022. Even though this Court extended the time, the petitioner

failed to comply with the condition imposed in Crl.M.P.No.15171 of 2021.

3. It is also seen that the petitioner filed a petition for extension of time before the First Appellate Court and it was extended for three times. However, in Crl.M.P.No.10759 of 2022, the First Appellate Court dismissed the petition for extension of time.

4. Therefore, this Court finds no reason to extend the time sought by the petitioner since the suspension of sentence was ordered in Crl.M.P.No.15171 of 2021, by Order dated 04.09.2021.

5. Accordingly, the Criminal Miscellaneous Petition is dismissed.

05.09.2022 gd/mn

G.K.ILANTHIRAIYAN, J.

gd/mn Crl.M.P.No.13783 of 2022 in Crl.O.P.No.16701 of 2022 05.09.2022