Selvi v. Mrs. D. Sayeelatha Devi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2025

CORAM:

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

D.Sayeelatha Devi ... Respondent PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to extend the time to comply the all conditions (to deposit sum of 20% of the compensation amount) and executing a bond for Rs.10,000/- with two sureties which was imposed by the learned Principal Sessions Court, Chennai in Crl.M.P.No.1 of 2025 in Crl.A.No.733 of 2025. For Petitioner : Mr.G.Ashok Kumar

O R D E R

This Criminal Original Petition has been filed to extend the time to comply with the conditions imposed by the Principal Sessions Court, Chennai in Crl.M.P.No.1 of 2025 in Crl.A.No.733 of 2025 dated 06.06.2025.

2. The case of the petitioner is that based on the complaint filed by 1/4

the respondent in STC No.111 of 2024 on the file of the FTC-II, Metropolitan Magistrate, Egmore, Chennai, the petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act by judgment dated 05.05.2025 and was sentenced to undergo simple imprisonment for a period of six months and to pay a sum of Rs.1,57,000/- as compensation to the complainant. Against which, the petitioner preferred an appeal in Crl.A.No.733 of 2025 before the Principal sessions Court, Chennai and also filed a petition in Crl.M.P.No.1 of 2025 seeking suspension of sentence. The learned Sessions Judge, while suspending the sentence imposed by the trial Court, directed the petitioner to execute a bond for Rs.

10,000/- with two sureties and also directed to deposit 20% of the compensation amount, before the trial Court to the credit of STC within sixty days from the date of order. However, due to continuous ill health and personal problems, the petitioner could not comply with the said conditions. Hence, non bailable warrant came to be issued against the petitioner by the first appellate Court on 03.09.2025. Therefore, the present petition is filed seeking extension of time.

3. The learned counsel for the petitioner submits that the petitioner is now ready and willing to comply with the said conditions. 2/4

4. Considering the above facts and circumstances of the case, two weeks time is extended from the date of receipt of a copy of this order to comply with the said conditions.

5. Immediately after the deposit of the said amount within the time granted by this Court, the warrant issued against the petitioner has to be recalled by the Court concerned.

6. With the above directions, this Criminal Original Petition is disposed of.

19.09.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To

1. The FTC-II, Metropolitan Magistrate, Egmore, Chennai

2. The Principal sessions Court, Chennai 3/4

N. SATHISH KUMAR , J.

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