S.Prabukumar v. R.Gokul

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR S.Prabukumar S/o.Subramaniyam, Natchathra Textiles Mills, No.30, K.A.Muthusamy Complex, Park Road, Kottack Mahendra Bank Ground Floor, Erode - 638 003. Residing at 47/27B, Postal Nagar, Veerappan Chathram, Erode 638 004.

Petitioner(s) Vs R.Gokul S/o.K.Raveendra Mohan, No.55/1, Municipal Colony, Thiru.Ve.Ka.Road, Erode - 638 004. State of Tamilnadu.

Respondent(s) PRAYER : Petition filed under Section 528 of BNSS, to call for the records and set aside the order passed in Crl.M.P.No.261 of 2025 in Crl.M.P.No.1 of 2024 in Crl.A.No.289/2024 on the file of the 2nd Additional Sessions Court at Erode dated 04.07.2025 and to allow this Criminal Original Petition and to pass suitable orders and thus render Justice.

For Petitioner(s):

M.Saravanakumar For Respondent:

Mr.R.Vinoth Raja, Govt. Advocate (Crl.Side)

ORDER

This Petition has been filed to set aside the order passed in Crl.M.P.No.261 of 2025 in Crl.M.P.No.1 of 2024 in Crl.A.No.289/2024 on the file of the 2nd Additional Sessions Court at Erode dated 04.07.2025 and to allow this Criminal Original Petition.

2. The petitioner seeks extension of time to deposit 20% of the amount before the II Additional District Court while setting aside the sentence under Section 138 of the Negotiable Instruments Act. According to the petitioner, he could not pay the amount within time as his wife was hospitalized and the petitioner incurred medical expenses.

3. Considering the nature of the prayer, this Court extends the time to pay 20% before the next hearing date before the Trial Court.

4. Accordingly, this Criminal Original Petition is disposed of. 18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

To 1.R.Gokul S/o.K.Raveendra Mohan, No.55/1, Municipal Colony, Thiru.Ve.Ka.Road, Erode - 638 004. State of Tamilnadu.

N.SATHISH KUMAR J.

gsk CRL OP No. 22887 of 18-08-2025