Madras High CourtCRL OP/26170/2024disposed of

L.Albert v. S.Balaji

2024-10-24Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Original Petition No.26170 of 2024 L.Albert ... Petitioner Vs.

S.Balaji ... Respondent Prayer: Criminal Original Petition is filed under Section 528 of BNSS, praying to extent time for payment of 20% of the cheque amount and producing the sureties as per the order in Crl.MP. No.1925/2024 CA No.57 of 2024 dated 27.06.2023 on the file of learned Principal District and Sessions Judge, Kallakurichi.

For Petitioner : Mr.C.Prabhu **********

O R D E R

The petitioner herein is the accused in STC No.191 of 2023, wherein he sentenced to undergo 10 months simple imprisonment and to pay compensation of Rs.4,00,000/-. Before the Lower Appellate Court, the petitioner preferred an Appeal and the same is numbered as CA No.57 1/4

of 2024. When he sought for suspension of sentence, the Lower Appellate Court imposed a condition to deposit 20% of the cheque amount within a period of two months from the date of order ie., 27.06.2024. Two months period expired on 26.08.2024, therefore an application was filed for extension of time before the Lower Appellate Court, however, the same was returned with an endorsement how the petition is maintainable.

2. In view of the above fact, the petitioner is before this Court seeking extension of time to comply with the order.

3. The learned counsel appearing for the petitioner submits that due to financial difficulty, the petitioner was not able to mobilize Rs.80,000/- within the time granted, but now the petitioner is ready with money and can deposit it within three days from today and seeks for extension of time.

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4. Considering the facts and circumstances, time for deposit of 20% of the compensation amount is extended till 28.11.2024. Accordingly, the Criminal Original Petition is disposed of. 24.10.2024 Index: Yes/No Internet: Yes/No jv Note: Issue order copy today To

1. The Principal District and Sessions Judge, Kallakurichi.

2. The Public Prosecutor, Madras High Court, Chennai 600 104.

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Dr.G.JAYACHANDRAN,J.

jv Criminal Original Petition No.26170 of 2024 24.10.2024 4/4