P.Thandavarayan v. J.Ravichandran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:02.09.2024 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN P.Thandavarayan .. Petitioner /versus/ J.Ravichandran .. Respondent Criminal Original Petition has been filed under Section 528 of BNSS Act, to set aside the return docket order in Crl.O.P.Sr.No.6093 of 2024 on 30.07.2024 and extend the time for two weeks for furnishing the deposit amount by the petitioner and accept the same in Crl.M.P.No.13914 of 2024 on the file of the Principal District and Sessions Judge at Chennai.

For Petitioner :Mr.K.Subbu Ranga Bharathi

ORDER

The petitioner herein was found guilty by the trial Court for the offence under Section 138 of the Negotiable Instruments Act, 1881 and preferred an appeal before the Principal District and Sessions Judge, Chennai in C.A.No.370 of 2024 and also sought for suspension of 1/4

sentence. The lower appellate Court suspended the sentence on 15.5.2024 on condition to pay 20% of the total compensation amount to the credit of C.C.No.4118 of 2019 on the file of the trial Court within a period of sixty days. The petitioner, due to health complications is not able to comply the condition within the time stipulated. Hence, he filed this petition before this Court for extension of time.

2. To prove his bona fide, the petitioner has drawn a Demand Draft for Rs.1,78,000/- drawn in favour of Metropolitan Magistrate, Saidapet, Chennai. The said amount is 20% of the compensation amount and he is ready to deposit the money. Since the petitioner has drawn the Demand Draft for 20% of the compensation amount, time for complying the other conditions is extended to 18.09.2024. By the time, the petitioner should deposit the Demand Draft and also furnish surety as directed by the lower appellate Court.

3. With the above observations, this Criminal Original Petition is disposed of.

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02.09.2024 Index:yes/no ari To:

The Principal District and Sessions Judge at Chennai. DR.G.JAYACHANDRAN,J.

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