Madras High CourtCRL OP/11155/2025disposed of

Mrs.Vetri Selvi v. Sai

2025-04-16Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Vetri Selvi ... Petitioner Vs Sai ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to set aside the return docketal order in Crl.M.P.No.5347 of 2024 in S.T.C.No.1399 of 2022 and to extend the time of 30 days limit to deposit the 20 percentage of the compensation of cheque amount.

For Petitioner : Mr.M.Murugesan

ORDER

This Criminal Original Petition has been filed to set aside the return docketal order in Crl.M.P.No.5347 of 2024 in S.T.C.No.1399 of 2022 and to extend the time of 30 days limit to deposit the 20 percentage of the compensation of cheque amount.

2. Heard the learned counsel for the petitioner and perused the materials placed on record.

3. The petitioner is an accused in the complaint lodged by the respondent for the offence punishable under Section 138 of Negotiable Instruments Act in S.T.C.No.1399 of 2022. After fulfledged Trial, the Trial Court convicted the petitioner and sentenced her to undergo six months simple imprisonment and also to pay a compensation to the tune of cheque amount. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.171 of 2024 along with an application for suspension of sentence in Crl.M.P.No.5347 of 2024. The Appellate Court, by an order dated 13.09.2024, suspended the sentence, on condition that the petitioner shall deposit 20% of the cheque amount, within a period of sixty days from the date of the order.

4. Though the petitioner is ready and willing to comply with the condition imposed by the appellate Court, she could not comply within the stipulated time. Now, the petitioner is ready and willing to comply with the conditions imposed by the appellate Court.

5. Considering the above facts and circumstances of the case, the time to comply with the order passed in Crl.M.P.No.5347 of 2024 in Crl.A.No.171 of 2024 dated 13.09.2024, on the file of the Principal District and Sessions Judge, Tiruvallur, is extended till 25.04.2025. It is made clear that if the petitioner fails to comply with the order passed by the appellate Court on or before 25.04.2025, the appellate Court is directed to proceed as against the petitioner, in accordance with law.

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

16.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Principal District and Sessions Court, Tiruvallur.

2. The Public Prosecutor, High Court, Madras.

16.04.2025