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Madras High CourtCRL OP/23597/2025disposed of

G.Seshan v. M/S.Crompton Greaves Consumer Electricals Ltd.,

2025-09-09Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR G.Seshan Partner-M/s.Nithyasri Marketing, Plot No.80, KVR Nagar, Mahalakshmi Nagar Extn, K.Pudur, Madurai-625 007.

Petitioner Vs M/s.Crompton Greaves Consumer Electricals Ltd., Crompton House, No.3, Dr.M.G.R.Salai, Nungambakkam, Chennai-600 034.

Rep by its Legal Manager Uma shankar.

Respondent PRAYER This Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, to set aside the order dated 21.05.2025 passed in Crl.M.P.No.1/2025 in Crl.A.No.679/2025 by the learned Vacation Sessions Judge / I-Additional Sessions Judge, Chennai.

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For Petitioner(s):

M/s.K.Hemanathan For Respondent(s):

Unserved ( No such person)

ORDER

This Criminal Original Petition has been filed to set aside the order dated 21.05.2025 passed in Crl.M.P.No.1/2025 in Crl.A.No.679/2025 by the learned Vacation Sessions Judge / I-Additional Sessions Judge, Chennai.

2. Notice issued to the respondent returned with an endorsement "no such person". Heard the learned counsel for the petitioner and perused the materials available on record.

3. Petitioner is the accused in C.C.No.4641 of 2021 on the file of the Metropolitan Magistrate, Fast Track Court No.I, Egmore at Allikulam, Chennai. Challenging the conviction order passed by the trial Court, the petitioner had preferred an Appeal in Crl.A.No.679 of 2025 along with Crl.M.P.No.1 of 2025 before the learned I Additional Sessions Judge/Vacation Sessions Judge, Chennai, seeking suspension of sentence, pending disposal of the appeal. The learned Sessions Judge vide impugned order dated 21.05.2025 granted bail 2/5

subject to condition that the petitioner has to deposit 20% of the cheque amount. Aggrieved by the same, the petitioner has filed this criminal original petition. The petitioner has challenged the impugned order on the ground that the complaint itself is barred by limitation. However, the learned counsel for the petitioner submitted that the petitioner is ready to deposit 10% of the cheque amount.

4. Considering the submission made by the learned counsel for the petitioner and the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to modify the condition to the effect that petitioner shall deposit 10% of the cheque amount to the credit of C.C.No.4641 of 2021 before the trial Court within a period of two weeks from the date of receipt of a copy of this order.

5. With the abovesaid direction, this Criminal Original Petition is disposed of.

09-09-2025 mfa Index:Yes/No Internet:Yes 3/5

To

1. The Vacation Sessions Judge / I-Additional Sessions Judge, Chennai.

2. The Metropolitan Magistrate, Fast Track Court-I, Egmore at Allukulam, Chennai.

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N.SATHISH KUMAR J.

mfa CRL OP No. 23597 of 09-09-2025 5/5