Madras High CourtCRL OP/26947/2025disposed of

S.Madhavan v. P.Rathnam

2025-10-07Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR S.Madhavan ... Petitioner Vs.

P.Rathnam ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to set aside the return docket order dated 07.07.2025 in Crl.M.P.No.628 of 2025 on the file of the learned VII Additional City Civil Court, Chennai in Crl.M.P.No.1 of 2025 in C.A.No.402 of 2025 in STC.No.761 of 2022. For Petitioners : Mr.R.Dhanasekar

ORDER

The petitioner seeks direction to set aside the return order passed by the appellate court.

2. The petitioner was convicted vide judgment dated 20.02.2025 in STC.No.761 of 2022 to undergo simple imprisonment of two months with the compensation of 3 lakhs under the cheque complaint filed under Section 138 of Negotiable Instruments Act. On appeal, the appellate court while suspending the sentence directed the petitioner to deposit 15% of the cheque amount before the Trial Court to the credit of STC.No.761/2022 within a 1/4

period of 60 days from the date of that order. That order was passed on 24.03.2025. However, the petitioner has not deposited the amount within the time as directed by the appellate court and now, the petitioner has filed extension petition to deposit the amount and the same was returned vide the impugned order.

3. It is the contention of the petitioner that the petitioner is ready to deposit the amount within a time fixed by this Court. Hence, seeks for appropriate order.

4. I have perused the materials placed on record. Considering the submissions of the petitioner and the ultimate object of the NI Act is only to recover the amount in a cheque complaint, this Court is inclined to extend the time for a period of two weeks from today before the Trial Court as directed by the appellate court.

5. Accordingly, this petition stands disposed of. 07.10.2025 dhk Note: Issue Order Copy today To 2/4

1. The VII Additional City Civil Court, Chennai

2. The Metropolitan Magistrate, FTC-IV, George Town, Chennai 3.The Public Prosecutor, High Court of Madras.

N. SATHISH KUMAR , J.

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