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Madras High CourtCRL OP/20168/2025ordered

V.V.Home Makers (P) Ltd, v. M/S.Aroshree Shelters Private Ltd.,

2025-07-18Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN

1. V.V.Home Makers (P) Ltd.

Represented by its Chairman/Managing Director Veeraraghavan Office at No.21/1, Paragasupuram Street Kodambakkam, Chennai -600024

2. Veeraraghavan ... Petitioners Vs.

M/s.Aroshree Shelters Private Ltd.

Represented by its Managing Director S.K.Aroraa Office at No.9 and 10 Vaidya Raman Road, T.Nagar Chennai - 600017 ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to extend the time to deposit of 20% f the compensation amount before the trial Court at the credit of C.C. within sixty days as imposed in Para No.7 in 1/6

Cril.M.P.No.1 of 2025 in C.A.No.643 of 2025 by an order dated 14.05.2025 on the file of VI Additional Sessions Judge, Chennai. For Petitioner : K.Balasubramaniniam

ORDER

This Criminal Original Petition has been filed by the petitioners to extend the time to deposit of 20% f the compensation amount before the trial Court to the credit of C.C., imposed in Paragraph No.7 in Cril.M.P.No.1 of 2025 in C.A.No.643 of 2025 by an order dated 14.05.2025 on the file of VI Additional Sessions Judge, Chennai.

2. The case of the petitioners is that the respondent filed a cheque complaint against the first petitioner/A1-Company and second petitioner/A2Chairman/Managing Director of A1, in C.C.No.731 of 2017 on the file of the Metropolitan Magistrate, Fast Track Court-III, Saidapet, Chennai and after trial, the learned Magistrate found the petitioners guilty for the offence under Section 138 of Negotiable Instruments Act and convicted them by Judgment 2/6

dated 29.04.2025 and also sentenced to undergo simple imprisonment for a period of six months and to pay Rs.20 lakhs as compensation to the complainant in default, to undergo two months simple imprisonment. Challenging the same, the petitioners filed an appeal in C.A.No.643 of 2025 before the VI Additional Sessions Judge, Chennai, along with a petition in Crl.M.P.No.1 of 2025, to suspend the sentence pending disposal of the appeal. The learned Sessions Judge, while considering the said petition, imposed certain conditions and one of the conditions is that the petitioners to deposit 20% of the compensation amount before the trial Court to the credit of C.C. within sixty days from the date of order.

3. The learned counsel for the petitioners submitted that due to loss in business, the petitioners could not mobile the said amount within the stipulated time. Hence, the present petition is filed for extension of time.

4. Considering the difficulties of the petitioners in arranging the said amount, the time granted by the lower appellate Court is extended. 3/6

5. The petitioners are directed to deposit 20% of the compensation amount to the credit of C.C. within a period of three weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is ordered. 18.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Issue order copy on 29.07.2025.

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To The VI Additional Sessions Judge, Chennai.

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P.VELMURUGAN,J.

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