Madras High Court
M/S. Ayyanar Constructions vs M/S. Madanlal Sales Pvt. Ltd on 29 September, 2021
CRL.O.P.No.16143 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
CRL.O.P.No.16143 of 2021
M/s. Ayyanar Constructions,
rep. by its Managing Partner
Mr.S.Sekar ... Petitioner
Versus
M/s. Madanlal Sales Pvt. Ltd.,
rep. by its Power of Attorney
Mr.V.Ramadoss ....Respondent
PRAYER: Criminal Original Petition filed under Section 482 of the
Code of Criminal Procedure, praying for extension of further time
granted to pay the 20% of the cheque amount in the order passed in
Crl.M.P.No.6994 of 2021 dated 09.04.2021 (On the file of Hon'ble
Principal Sessions Judge, Chennai) to the credit of C.C.No.6355 of 2017
(On the file of Hon'ble FTC-II, Allikulam, Chennai)
Page No.1 of 5
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16143 of 2021
For Petitioner : Mr.C.S.Saravanan
ORDER
(This case has been heard through video conference)
The petitioner/accused in C.C.No.6355 of 2017 convicted by the
Trial Court for offence under Section 138 of Negotiable Instruments Act
by judgment dated 12.03.2021 and sentencing the petitioner for one year
simple imprisonment and to pay compensation of Rs.6,50,000/- within a
period of one month.
2. Aggrieved against the same, the petitioner/accused filed an
appeal before the Principal Sessions Court in C.A.No.83 of 2021 and
also filed suspension of sentence petition in Crl.M.P.No.6994 of 2021
and the learned Principal Sessions Judge by an order dated 09.04.2021
directed the petitioner to deposit 20% of the cheque amount i.e.
Rs.1,30,000/- within a period of 60 days and further directed the
petitioner to execute a bond for Rs.10,000/- with two sureties for
likesum.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16143 of 2021
3. The contention of petitioner is that he is unable to mobilise 20%
of the amount of Rs.1,30,000/- within a stipulated time. After mobilising
the amount, when the petitioner approached the trial court for execution
of sureties, the trial court refused to entertain the execution of sureties,
since the time granted by the lower appellate court already expired. The
reason given by petitioner is that due to pandemic, he is unable to
mobilise the fund and now, he made ready of the amount and also
produced the copy of demand draft.
4. In view of the same, this Court directs the learned Metropolitan
Magistrate, FTC-II, Egmore, Chennai to receive the demand draft for a
sum of Rs.1,30,000/- credited to the account of C.C.No. 6355 of 2017.
The respondent/complainant is at liberty to approach the trial court to
receive the same. Further, the petitioner to execute sureties as per the
order passed by the trial court within a period of two weeks from the date
of receipt of a copy of this order and the same to be entertained by the
trial court.
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16143 of 2021
5.With the above direction, this Criminal Original Petition is
disposed of.
29.09.2021
Index: Yes/No
Internet: Yes/No
rpp/nr
Note : Issue order copy on 01.10.2021
https://www.mhc.tn.gov.in/judis/
CRL.O.P.No.16143 of 2021
M.NIRMAL KUMAR, J.
rpp/nr
CRL.O.P.No.16143 of 2021
29.09.2021
https://www.mhc.tn.gov.in/judis/
