M/S.V.L.Tech v. K.Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Eighteenth day of October Two Thousand Nineteen PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.14832 of 2019 IN CRL.R.C.No.863 OF 2019 1 M/S.V.L.TECH [ PETITIONER ] REP. BY ITS PROPRIETOR, N.GNANAVEL 2 N.GNANAVEL Vs K.GANESH [ RESPONDENT ] Petition praying that in the circumstances stated therein the High Court will be pleased to modify the imposed condition that the petitioner/A2 shall deposit 50 percent of the cheque amounts (in all Rs.10,00,000/-), namely Rs.5,00,000/- (Rupees Five Lakhs Only) before the trial court, within four weeks from the date of receipt of a copy of this order in so far as the condition is concerned in Crl.M.P.No.12698 of 2019 in Crl.R.C.No.863 of 2019 dated 06/09/2019.

Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S B.SRIDHAR, Advocate for the petitioner the court made the following order:- The criminal miscellaneous petition has been filed seeking to modify the imposed condition that the petitioner/A2 shall deposit 50% of the cheque amount before this Trial Court, within four weeks from the date of receipt of a copy of that order in so far as the condition is concerned in Crl.M.P.No.2698/2019 in Crl.R.C.No.863/2019, dated 06.09.2019.

The learned counsel for the petitioner would submit that order copy was made ready on 16.09.2019 and the four weeks time granted lapsed on 16.10.2019 and would submit that the petitioner had taken earnest steps for raising funds to deposit the amount. Meanwhile, the petitioner's father was admitted in the hospital for taking treatment of cancer and the petitioner had to spent huge amounts for his medical treatment, however his father did not respond to the treatment and had ultimately passed away on 01.10.2019 and thereby, he is unable to deposit the amount and he would seek for modification for the amount to be deposited and further time for depositing the amount.

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Taking into consideration and submission, the condition is modified from 50% to 30% of the cheque amount. The petitioner shall deposit Rs.3,00,000/- and time for making payment of said amount is extended by further two weeks from the date of receipt of a copy of this order.

-sd/- 18/10/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, (FAST TRACK COURT), MAGISTERIAL LEVEL II, POONAMALLEE.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR(FOR INFORMATION) 3 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THIRUVALLUR.

C.C. to M/S. M.SENTHILKUMAR Advocate on payment of necessary charges Order in CRL MP.14832/2019 IN CRL.R.C.No.863 OF 2019 Date :18/10/2019 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format RVR 25/10/2019 https://hcservices.ecourts.gov.in/hcservices/