R.Manichandran v. P.K.Adhisayavanan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2026

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA R.Manichandran ... Petitioner Vs.

P.K.Adhisayavanan ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, to set aside the order dated 07.11.2025 passed by the Honourable III Additional District and Sessions Court, Tiruvallur at Poonamallee in Crl.MP.No.3 of 2025 in Crl.A.No.153 of 2025 and thereby permitting the petitioner to deposit 20 percentage of the compensation amount within such reasonable time. For Petitioner : Mr.S.Lokesh

O R D E R

The Criminal Original Petition has been filed seeking to set aside the order dated 07.11.2025 passed by the III Additional District and Sessions Court, Tiruvallur at Poonamallee in Crl.M.P.No.3 of 2025 in Crl.A.No.153 of 2025 and thereby permitting the petitioner to deposit 20% of the compensation amount.

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2.

The petitioner was convicted for the offence under Section 138 of Negotiable Instruments Act, by order dated 01.07.2025 passed by the learned Judicial Magistrate, Fast Track Court, Ambattur, Tiruvallur in C.C.No.320 of 2017 and sentenced to undergo 18 months' Simple Imprisonment and to pay a compensation of Rs.45,00,000/- with interest at the rate of 9% per annum from the date of dishonour, in default to undergo a further period of two months' Simple Imprisonment. 3.

Aggrieved by the said judgment, the petitioner preferred an appeal in Crl.A.No.153 of 2025, along with a petition seeking suspension of sentence in Crl.M.P.No.1 of 2025, before the learned Principal District and Sessions Judge, Tiruvallur. The lower appellate Court, by order dated 11.08.2025, suspended the sentence of imprisonment imposed on the petitioner, on condition that the petitioner shall deposit 20% of the compensation amount before the trial Court to the credit of C.C.No.320 of 2017 within sixty days.

4.

However, since the petitioner was unable to mobilise the fund within the time stipulated by the lower appellate Court, he filed a petition seeking extension of time in Crl.M.P.No.2 of 2025, to deposit the said 20% 2/5

of the compensation amount, which had been imposed as a condition for the suspension of sentence in Crl.M.P.No.1 of 2025. The lower appellate Court, by order dated 08.10.2025, allowed the said petition and extended the time till 07.11.2025.

5.

The learned counsel appearing for the petitioner submitted that due to severe financial constraints and business difficulties, the petitioner had filed an application in Crl.M.P.No.3 of 2025 in Crl.A.No.153 of 2025 seeking further extension of time, however, the learned appellate Judge, by order dated 07.11.2025, dismissed the said petition. Subsequently, after arranging the funds, the petitioner filed a petition in Crl.M.P.No.5 of 2025 seeking permission to deposit 20% of the compensation amount and for extension of time. The learned appellate Judge, vide order dated 26.11.2025, dismissed the petition on the ground that it was a second petition and therefore, not maintainable. Therefore, he sought appropriate orders of this Court granting time to the petitioner for compliance of the conditional order.

6.

Taking into consideration the submissions made by the learned counsel for the petitioner, especially the penury of the petitioner, time is extended by a further period of two weeks from the date of receipt of 3/5

a copy of this order. It is made clear that no further extension of time will be granted to the petitioner.

7.

With the above observation and direction, this Criminal Original Petition is disposed of.

09.01.2026 rpl Note. Issue order copy on 12.01.2026 To 1.

The Principal District and Sessions Judge, Tiruvallur. 2.

The III Additional District and Sessions Court, Tiruvallur at Poonamallee.

3.

The Judicial Magistrate, Fast Track Court, Ambattur, Tiruvallur. 4/5

A.D.JAGADISH CHANDIRA , J.

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