Madras High CourtCRL MP(MD)/1118/2025allowed

Kumaraswamy v. R.Anand

2025-01-28Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28-01-2025

CORAM

THE HONOURABLE MR JUSTICE P.VADAMALAI IN CRL RC(MD) NO. 1405 of 2024 Kumaraswamy S/o. Kaaliappan, 78, Sabareesh Illam, Ravivarman Puthu Street, Vadaseri, Nagercoil, Kanyakumari District.

Petitioner(s) Vs R.Anand S/o. Ramaswamy, 98, West Street, Ganeshapuram, Nagercoil, Kanyakumari District.

and another Respondent(s) For Petitioner(s):

Mr.S.C.Herold Singh For Respondent(s):

Mr.M.Vaikkam Karunanithi Government Advocate (Criminal Side) for R2

ORDER

This Criminal Miscellaneous Petition has been filed to extend the time for a period of four weeks for depositing the 25% of the cheque amount i.e. a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) as ordered by this Court in its order, dated 20.12.2024, in Crl.M.P.(MD)No.14248 of 2024 in Crl.R.C.(MD)No.1405 of 2024.

2. By an order of this Court, dated 20.12.2024, the petitioner was granted with 1/3

the relief of suspension of sentence on conditions. One of the conditions is that the petitioner was directed to deposit 25% of the cheque amount i.e. a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of S.T.C.No.115 of 2017 on the file of the Fast Track Court (Magisterial Level), Nagercoil, failing which, the sentence suspended will be dismissed automatically.

3. Heard the learned counsel appearing on either side.

4. The learned counsel for the petitioner submitted that since the petitioner is eking out his livelihood by doing coolie works, he could not mobilize the said amount within the given time period. Hence, he seeks extension of time to comply with the condition.

5. The learned Government Advocate (Criminal Side) appearing for the 2nd respondent has not raised any objection to the submission made by the learned counsel for the petitioner.

6. Considering the reasons stated in the affidavit filed in support of this petition, this Court is inclined to grant further two weeks time to the petitioner to comply with the condition, and this Criminal Miscellaneous Petition is allowed.

7. Accordingly, the petitioner is directed to deposit 25% of the cheque amount i.e. a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of S.T.C.No.115 of 2017 on the file of the Fast Track Court (Magisterial Level), Nagercoil 2/3

on or before 13.02.2025.

8. List the matter on 14.02.2025 under the caption "for reporting compliance".

9. No further extension of time will be granted to the petitioner on the aforesaid date.

sd/- 28/01/2025 / TRUE COPY / /02/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

mkn TO 1 THE JUDGE, FAST TRACK COURT (MAGISTERIAL LEVEL), NAGERCOIL.

2 THE ADDITIONAL PUBLIC PROSECUTOR, NAGERCOIL, KANYAKUMARI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN IN CRL RC(MD) NO. 1405 of 2024 Date :28/01/2025 RS/VR/SAR-(03.02.2025) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3