D.Ganesh v. E.Sankar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR IN CRL OP NO. 23650 OF 2025 D.Ganesh S/o.Dillibabu, Proprietor: Ganesh Commercial LPG Suppliers, No.15/31, Kanakkar Lane, Thiruvottiyur, Chennai-600 019.

..Petitioner/Accused Vs E.Sankar S/o.Elumalai, No.17/7, Nethaji Nagar, 5th Street, Beach Road, Chennai-600 057.

..Respondent/Complainant CRL OP No. 23650 of 2025 D.Ganesh S/o.Dillibabu, Proprietor Ganesh Commercial LPG Suppliers, No.15/31, Kanakkar Lane, Thiruvottiyur, Chennai-60 0019.

..Petitioner(s) Vs E.Sankar S/o.Elumalai, No.17/7, Nethaji Nagar, 5th Street, Beach Road, Chennai-600 057.

..Respondent(s) Prayer: Criminal Miscellaneous Petition filed under Section 528 of B.N.S.S., 2023, praying to extend the time to comply the condition imposed by this Court in Crl.O.P.No.23650 of 2025 order dated 26.08.2025.

For Petitioner(s):

Mr.G.B.Motcham For Respondent(s):

ORDER

The petitioner/accused in S.T.C.No.1 of 2019 was convicted by the trial Court by judgment dated 28.01.2025 for offence under Section 138 of the Negotiable Instruments Act on the complaint filed by the respondent and sentenced to undergo six months simple imprisonment and directed to pay double the cheque amount of Rs.6,00,000/- as compensation to the complainant. Aggrieved against the same, the petitioner preferred an appeal in Crl.A.No.37 of 2025 before the learned Principal District and Sessions Judge, Tiruvallur and suspension of sentence petition in M.P.No.1 of 2025.

2. The learned Sessions Judge, by order dated 13.03.2025, suspended the sentence of the petitioner on condition to deposit 20% of the compensation amount within a period of 60 days. The petitioner was unable to mobilise the amount and hence, filed a petition in Crl.O.P.No.23650 of 2025 seeking to set aside the condition of depositing 20% of compensation amount within a period of 60 days and to extend the time to comply the condition. This Court, by order dated 26.08.2025, granted two weeks time to deposit 15% of the compensation amount, which the petitioner is unable to mobilise within the stipulated period. Hence, filed the present petition.

3. The learned counsel for petitioner submitted that now the petitioner mobilised 15% of compensation amount, i.e., Rs.90,000/-. When he approached the trial Court to deposit the amount, the same was not entertained, since it is beyond the time granted by this Court. Hence, sought for extension of time. He further submitted that the petitioner's mother is sick and bedridden. The petitioner is the only person to take care of his mother and sought some leniency. He further submitted that the cheque amount is only Rs.3,00,000/- and the trial Court without giving proper reason, directed to pay double the cheque amount as compensation.

4. In view of the above, the petitioner is directed to deposit 20% of the cheque amount of Rs.3,00,000/-, i.e., Rs.60,000/- (Rupees Sixty Thousand only) within a period of three weeks from today and the trial Court is directed to receive the same.

5. Accordingly, this Criminal Miscellaneous Petition is ordered. 02-06-2026 Index: Yes/No Speaking/Non-speaking order RSI

M.NIRMAL KUMAR J.

RSI To

1. The Principal District and Sessions Judge, Tiruvallur.

2.The Judicial Magistrate, Thiruvottiyur.

in CRL OP NO. 23650 OF 2025 02-06-2026