K.Balaraman v. E.Balachandar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA K.Balaraman ... Petitioner Vs.
E.Balachandar ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to extend the time to comply with the condition passed by the learned XV Additional City Civil Court in Crl.M.P.No.1 of 2025 dated 23.10.2025. For Petitioner : Mr.P.R.S.Thamizhmaran
O R D E R
The present Criminal Original Petition has been filed seeking to extend the time granted to comply with the order passed by the learned XV Additional Sessions Judge, Chennai, in Crl.M.P.No.1 of 2025 in C.A.No.1291 of 2025, dated 23.10.2025.
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2.
The submissions of the learned counsel for the petitioner are as follows :- 2.1. The complaint under Section 138 of the Negotiable Instruments Act was filed by the respondent/complainant against the petitioner/accused before the learned Metropolitan Magistrate, FTC-V, Saidapet, Chennai, in C.C.No.5100 of 2019.
2.2. On 15.09.2025, the trial Court found the petitioner/accused guilty, convicted him and sentenced him to undergo two months simple imprisonment and further directed him to pay the cheque amount of Rs.2,00,000/- as compensation, in default to undergo three weeks simple imprisonment.
2.3. Against the said judgment, the petitioner preferred an appeal in C.A.No.1291 of 2025 along with a petition in Crl.M.P.No.1 of 2025 seeking suspension of sentence. On 23.10.2025, the learned XV Additional Sessions Judge, Chennai, while suspending the sentence imposed on the petitioner, directed him to execute a bond for a sum of Rs.10,000/- along with two sureties each for a like sum to the satisfaction of the trial Court on or before 31.10.2025 and to deposit 20 % of the cheque amount before the trial Court within thirty days from the date of the said order. 2/5
2.4. Since the petitioner had difficulty in arranging the sureties, he was unable to execute the bond within the stipulated time and consequently, the time granted by the appellate Court has expired. However, the petitioner is now ready to comply with the conditions imposed by the appellate Court. Hence, the present petition has been filed seeking extension of time.
3.
Having heard the learned counsel appearing for the petitioner and perused the materials available on record and taking note of the submissions made, this Court is inclined to extend the time granted to the petitioner to comply with the condition imposed by the learned XV Additional Sessions Judge, Chennai.
4.
Accordingly, this Criminal Original Petition stands allowed. The petitioner is directed to comply with the conditions imposed by the learned XV Additional Sessions Judge, Chennai, in Crl.M.P.No.1 of 2025 in C.A.No.1291 of 2025, dated 23.10.2025, on or before 26.11.2025. It is made clear that all other conditions shall remain unaltered. 17.11.2025 ham 3/5
To 1.
The XV Additional Sessions Judge, Chennai.
2.
The Metropolitan Magistrate, FTC-V, Saidapet, Chennai.
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A.D.JAGADISH CHANDIRA , J.
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