Madras High CourtCRL OP/26029/2019ordered

B.Chinna Rajan v. P.S.Subramani

2019-09-26Honourable Mr Justice M.S. Ramesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.26029 of 2019 B.Chinna Rajan

...Petitioner

Vs.

P.S.Subramani

...Respondent

Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to grant extension of time for depositing the amount before the leaned District Munsif cum Judicial Magistrate, Gummidipoondi in S.T.C.No.39 of 2019 as ordered by the learned Principal District & Sessions Court, Tiruvallur in C.M.P.No.3135 of 2019 in C.A.No.78 of 2019.

For Petitioner : Mr.R.Ramesh

O R D E R

This petition has been filed to grant extension of time for depositing the amount before the leaned District Munsif cum Judicial Magistrate, Gummidipoondi in S.T.C.No.39 of 2019, as ordered by the learned Principal District & Sessions Court, Tiruvallur in C.M.P.No.3135 of 2019 in C.A.No.78 of 2019.

2. The learned counsel for the petitioner submitted that the conditional order passed on 03.07.2019, directing the petitioner to deposit 20% of the amount passed by the Trial Court, could not be complied within one month and that when he had attempted to deposit the amount, after the date from the expiry of the period of one month, the same was rejected, on the ground that the deposit was after a period of one month.

3. In my view, the petitioner could be given an opportunity to deposit the amount in compliance with the order of the learned Principal District and Sessions Judge, by extending a further time of 10 days, since he has stated in the petition before this Court that he is aged about 72 years and was hospitalised due to health problems, owing to which, he could not contact his advocate.

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4. In the light of the above observations, the petitioner is granted further time to comply with the deposit ordered by the learned Principal District and Sessions Judge, Tiruvallur in C.M.P.No.3135 of 2019, within a period of 10 days from the date of receipt of a copy of this order.

5. The Criminal Original Petition stands disposed of accordingly.

Sd/- Assistant Registrar (Insp Cell) //True Copy// Sub Assistant Registrar hvk To

1. The Principal District and Sessions Judge, Tiruvallur.

2. The Public Prosecutor, High Court of Madras.

3.The District Munsif cum Judicial Magistrate, Gummidipoondi.

+1cc to Mr.R.Ramesh, Advocate, S.R.No.82641 Crl.O.P.No.26029 of 2019 PP(CO) GN(30/09/2019) https://hcservices.ecourts.gov.in/hcservices/