A.Jeyajothi Raj v. K.S.Sanjai Saravanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR A.Jeyajothi Raj Petitioner(s) Vs K.S.Sanjai Saravanan Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act, to set aside the docket order in M.P.No.2 of 2025 in Crl.A.No.346 of 2025 dated 11.08.2025 and consequently direct the learned Principal District Judge, Tiruppur to grant extension of time enabling the petitioner to comply the condition imposed in M.P.No.1 of 2024 in Crl.A.No.346 of 2024 dated 11.06.2025. For Petitioner(s):

Mr.I.Sidharthan

ORDER

Challenging the docket order passed by the learned Principal District Judge, Thiruppur in M.P.No.2 of 2025 in Crl.A.No.346 of 2025 dated 1/5

11.08.2025, directing the trial court to execute the sentence, the present Criminal Original Petition has been filed.

2. The petitioner is an accused in a case filed by the respondent for the offence under Section 138 of the Negotiable Instruments Act. The petitioner was convicted for a period of six months by the learned Judicial Magistrate Court (Fast Track Court) Thirupur. As against the same, the petitioner preferred appeal. Pending appeal, the petitioner filed M.P.No.1 of 2024 to suspend the sentence. The Principal Sessions Court, Thiruppur while suspending the sentence passed by the trial court imposed a condition to deposit 20% of the compensation to be paid by the petitioner, within a period of 15 days, however, the said condition has not been complied. Later, the petitioner sought for an extention of time in M.P.No.2 of 2025, again, extention of 7 days time was granted and within such time, the compensation amount ordered by the appellate court has not been paid, therefore, now the impugned docket order has been passed by the appellate court in M.P.No.2 of 2025 dated 11.08.2025, wherein a direction was issued to the trial court to execute the sentence. 2/5

3. Now, the learned counsel for the petitioner would submit that within one week, the petitioner will deposit the amount.

4. In such view of the matter, the present Petition is allowed on condition that the petitioner shall deposit 20% of the amount, as ordered by the appellate court within a period of seven days from the date of receipt of copy of this order, on such deposit, the order of the appellate court in M.P.No.2 of 2025 dated 11.08.2025shall stand quashed.

19-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd 3/5

To

1. The learned Principal District Judge, Thiruppur

2. The Public Prosecutor, Madras High Court, Madras 4/5

N.SATHISH KUMAR J.

ssd CRL OP No. 25826 of 19-09-2025 5/5