Balasingh Samuel v. R.K.Dayal

in Crl.R.C.No.1769 of 2023 M. NIRMAL KUMAR , J.

This Criminal Miscellaneous Petition is filed seeking to extend the time to deposit the conditional amount imposed by this Court in Crl.M.P.No.16740 of 2023 in Crl.R.C.No.1769 of 2023 by order dated 15.07.2024.

2.This Court, by order dated 15.07.2024 granted suspension of sentence to the petitioner, directing the petitioner to deposit 30% of the cheque amount, i.e., Rs.8,10,000/-. The petitioner today produced the copy of Demand Draft for a sum of Rs.8,10,000/- in favour of Chief Metropolitan Magistrate, Egmore. Since the demand draft has been taken beyond the stipulated period of two weeks from 15.07.2024, the present petition has been filed seeking to extend the time for depositing Rs.8,10,000/- before the Trial Court. The photostat copy of the demand draft furnished to the respondent/complainant.

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3.The learned counsel for petitioner submitted that the Lower Court is not accepting the Demand Draft and Memo filed by the petitioner for the reason that it is beyond the stipulated period. 4.In view of the petitioner already taken Demand Draft, this Court extends the time by one week. The petitioner is directed to deposit the amount of Rs.8,10,000/- (Rupees Eight Lakhs Ten Thousand only) to the credit of C.C.No.4538 of 2010 and execute sureties, on or before 29.10.2024. 5.The respondent/complainant can file a petition seeking withdrawal of the deposited amount. The only objection of the petitioner is that the withdrawal of the amount should be subject to the outcome of the above revision. In view of the same, the respondent is permitted to receive the amount of Rs.8,10,000/- deposited by the petitioner by filing appropriate petition before the trial Court giving an undertaking that the withdrawal of the amount would be subject to the outcome of the revision. The trial Court on filing such petition can permit the respondent to withdraw the amount without notice to the petitioner.

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6.Accordingly, this Criminal Miscellaneous Petition is ordered. 17.10.2024 rsi Note: Issue order copy on 19.10.2024.

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M. NIRMAL KUMAR , J.

rsi in Crl.R.C.No.1769 of 2023 17.10.2024 4/4