Sowmiya Ramachandran v. S.Divya
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-01-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA in Crl.O.P.No.25492 of 2025 Sowmiya Ramachandran Proprietor, M/s.Sri Palani Murugan Mills, No.4/X23, Chettipalayam Road, Selakkarichal, Sulur (TK) Coimbatore - 641 658.
..Petitioner Vs S.Divya W/o.Shankar, Rep by her Power Agent C.Shankar, No.20/31-B, Kasthuribai Nagar, 1st Cross Street, Adyar, Chennai - 641 658.
..Respondent(s) PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to extend the time as per the order passed in Crl.O.P.No.25492 of 2025, dated 22.09.2025 and thus render justice. For Petitioner:
Mr.K.Balasubramaniam
ORDER
The present Criminal Miscellaneous Petition has been filed seeking extension of the time granted to comply with the order passed by this Court in
Crl.O.P.No.25492 of 2025 on 22.09.2025.
2.
Learned counsel for the petitioner submitted that the petitioner was found guilty under Section 138 of the Negotiable Instruments Act and convicted and sentenced to undergo six months simple imprisonment and to pay a sum of Rs.18,85,000/-, as compensation to the complainant within 30 days, in default, to undergo two months simple imprisonment, by judgment dated 05.05.2025 in S.T.C.No.8004 of 2025 on the file of the learned Metropolitan Magistrate, FTC-II, Egmore @ Allikulam, Chennai, against which, the petitioner preferred an appeal in C.A.No.715 of 2025 on the file of the learned Principal Sessions Judge, Chennai. Pending appeal, the petitioner filed a petition in Crl.M.P.No.1 of 2025 seeking suspension of sentence till the disposal of the appeal. The said petition was allowed by order dated 04.06.
2025 on the petitioner executing a bond for Rs.10,000/- with two sureties each for a like sum to the satisfaction of the learned Metropolitan Magistrate, FTC-II, Egmore @ Allikulam, Chennai, on or before 11.06.2025 and on further condition to deposit 15% of the cheque amount before the trial Court to the credit of STC.No.8004 of 2025 within three months from the date of the order. However, the petitioner was unable to comply with the said condition, as she was unable to mobilize the amount within the stipulated time due to huge loss in her business. Therefore, she filed Crl.O.P.No.25492 of 2025 before this Court seeking extension of time and this Court, by order dated 22.09.
from the date of receipt of a copy of the order. Meanwhile, on 21.09.2025, as the petitioner was admitted for her delivery in Kovai Medical College and Hospital and discharged on 25.09.2025, she could not mobilize the amount to comply with the order passed by this Court in Crl.O.P.No.25492 of 2025, dated 22.09.2025, which is neither willful nor wanton. Hence, the learned counsel for the petitioner sought extension of further time to comply with the condition. 3.
Having heard the learned counsel appearing for the petitioner and considering the reasons assigned in the affidavit filed in support of this petition, this Court is inclined to extend the time for complying with the directions issued by this Court in Crl.O.P.No.25492 of 2025 vide order dated 22.09.2025. 4.
Accordingly, this Criminal Miscellaneous Petition stands ordered. The time for complying with the order dated 22.09.2025 passed by this Court in Crl.O.P.No.25492 of 2025, is hereby extended by a further period of two weeks from the date of receipt of a copy of this order. It is made clear that no further extension will be granted.
29-01-2026 SRM Note: Issue order copy on 03.02.2026
A.D.JAGADISH CHANDIRA, J.
SRM To
1. The Metropolitan Magistrate, FTC-II, Egmore @ Allikulam, Chennai. Now then XXXV Metropolitan Magistrate Court/ XXXV Judicial Magistrate Court (FTC No.II)
2. The Principal Sessions Judge, Chennai.
3. The I Additional Sessions Judge, Chennai.
in Crl.O.P.No.25492 of 2025 29-01-2026