Ashraf vs Devaraj
2021 Latest Caselaw 9858 Mad

                                                                                Crl.O.P.No.6652 of 2021

                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 17.04.2021

                                                        CORAM

                             THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

                                                Crl.O.P.No.6652 of 2021

                    Ashraf                                                      ... Petitioner

                                                            vs.

                    Devaraj                                                     ... Respondent

                    PRAYER: Criminal Original Petition is filed under Section 482 of the
                    Code of Criminal Procedure, to extend the time by another one week to
                    deposit 20% cheque amount before the trial Court in Crl.M.P.No.178 of
                    2021 in C.A.No.31 of 2020 dated 26.02.2021 IV Additional District and
                    Sessions Judge, at Ponneri.
                                          For Petitioner      : Mr.R.Ganesh Kumar
                                                           *****

                                                       ORDER

This Criminal Original Petition has been filed to extend the time by

another one week to deposit 20% cheque amount before the trial Court in

Crl.M.P.No.178 of 2021 in C.A.No.31 of 2020 dated 26.02.2021 passed by

the learned IV Additional District and Sessions Judge, at Ponneri.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6652 of 2021

2.The learned counsel appearing for the petitioner submitted that the

petitioner is an accused in S.T.C.No.1732 of 2017 for the offence under

Section 138 of the Negotiable Instruments Act, which was filed and

prosecuted by the respondent as complainant. The conclusion of the

Judicial Magistrate No.I, Ponneri had found the petitioner guilty by

Judgment dated 28.10.2020. Aggrieved against the same, the petitioner

had filed an appeal in C.A.No.31 of 2020 before the Principal Sessions

Court, Tiruvallur.

3.The learned counsel appearing for the petitioner further submitted

that he had also filed a petition for suspension of sentence in

Crl.M.P.No.2798 of 2020. By order dated 04.12.2020, the Principal

Sessions Court, Tiruvallur had suspended the sentence and also directed

the petitioner to deposit 20% of the cheque amount before the trial Court,

within a period of one month. The petitioner could not mobilize the funds

for depositing the 20% of the cheque amount as per the orders of the

Principal Sessions Court, Tiruvallur in Crl.M.P.No.2798 of 2020.

Therefore, he had filed a petition in Crl.M.P.No.38 of 2021 seeking

extension of time to deposit 20% of the cheque amount before the

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6652 of 2021

IV Additional District and Sessions Judge, Ponneri. The value of the

cheque in this case is Rs.27,00,000/- (Rupees Twenty seven lakh only) and

20% of the cheque amount is Rs.5,40,000/- (Rupees five lakh forty

thousand only). Since the petitioner could not mobilize the funds, he had

filed another petition in Crl.M.P.No.178 of 2021 for seeking extension of

time for a further period of two weeks before the appellate court. The

appellate court by an order dated 26.02.2021 has granted extension and

also directed the petitioner to pay 20% of the cheque amount before the

trial court on or before 26.02.2021 and posted the matter on 02.03.2021.

The petitioner was held up in Kerala, due to certain restrictions imposed

due to raise in Corona, he was unable to travel back from Kerala, where he

had gone for a business and held up. Further the petitioner took some

more time for mobilizing the fund and he had approached the appellate

court and made a plea for extension. Since the appellate court expressed

its opinion that no further extension will be granted. Thereafter, the

petitioner had approached this court to file this present Criminal Original

Petition for extending the time for enabling him to make the payment of

20% of the cheque amount i.e. Rs.5,40,000/- in compliance of the order

passed by the appellate court.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6652 of 2021

4.In view of the submission made by the learned counsel appearing

for the petitioner, this court permits the petitioner to deposit 20% of the

cheque amount i.e. Rs.5,40,000/- (Rupees five lakh forty thousand only) to

the credit of the Judicial Magistrate Court No.I, Ponneri, within a period

of 10 days from the date of receipt of a copy of this order.

5.In view of the above, this Criminal Original Petition stands

allowed.

                                                                                       17.04.2021
                                                                                             ½
                    Index      : Yes/No
                    Internet   : Yes/No
                    Speaking Order/Non-Speaking Order
                    ah

                    To

1.The IV Additional District and Sessions Judge, Ponneri

2.The Judicial Magistrate No.I, Ponneri.

https://www.mhc.tn.gov.in/judis/ Crl.O.P.No.6652 of 2021

M.NIRMAL KUMAR, J.

ah

Crl.O.P.No.6652 of 2021

17.04.2021 ½

https://www.mhc.tn.gov.in/judis/