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Madras High CourtCRL OP/22136/2024ordered

D.Haseena v. A.Abdul Naasir

2024-09-10Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN D.Haseena .. Petitioner Vs.

A.Abdul Naasir .. Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023 to extend the time for two weeks for furnishing the deposit amount by the petitioner in Crl.MP.No.10665 of 2024 on the file of Hon'ble Principal District and Sessions Judge, Chennai. For Petitioner : Mr.K.Hemanathan

O R D E R

The petitioner herein is the appellant before the Court of Sessions, Chennai in Crl.A.No.258 of 2024, being convicted by the trial Court in C.C.No.4435 of 2024 for offence under Section 138 of Negotiable Instruments Act and sentenced to undergo one year simple imprisonment and should pay the cheque amount as compensation.

2. The petitioner herein has filed an application for suspension of sentence pending appeal. The trial Court has allowed the application on condition, he should deposit 20% of the compensation amount within a 1/4

period of 60 days from the date of order i.e., 04.04.2024.

3. The petitioner enable to mobilize 20% of the compensation amount i.e., Rs.50,000/- within a period of 60 days is before this Court seeking extension of time. To prove his bonafide, the petitioner has drawn a demand draft for a sum of Rs.50,000/- in favour of the Chief Metropolitan Magistrate, Egmore, Chennai and produce the original before this Court for perusal.

4. Taking note of the fact that the petitioner has drawn a demand draft bearing No.835226 for Rs.50,000/- and ready to deposit it in the account of C.C.No.4435 of 2021 on the file of learned Metropolitan Magistrate (FTC-I) Egmore, Chennai, time is extended upto 20.09.2024.

5. Accordingly, this Criminal Original Petition is allowed. The petitioner shall comply with the order passed by the learned III Additional Sessions Judge, FAC, Principal Sessions Court dated 04.04.2024 that he shall deposit the said demand draft bearing No.835226 before the trial court and seek suspension of sentence Vv 10.09.2024 To 2/4

1. The Principal District and Sessions Judge, Chennai

2. The Public Prosecutor, High Court of Madras.

Dr.G.JAYACHANDRAN,J.

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Vv 10.09.2024 4/4