K.Selvaraj vs Subramaniyam
2023 Latest Caselaw 5050 Mad

                                                                                 Crl.O.P.No.10812 of 2023



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 10.05.2023

                                                          CORAM

                                  THE HONOURABLE Mr. JUSTICE SUNDER MOHAN

                                                   Crl.O.P.No.10812 of 2023

                  K.Selvaraj
                                                                                         ... Petitioner
                                                             Vs.
                  Subramaniyam
                                                                                      ... Respondent

                  PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C.,

                  praying to set aside the order in Crl.MP.No.1029/2023 in CA.No.61/2022 on

                  the file of Principal District Judge, Cuddalore. May extend of the time to

                  deposit the amount 20% of compensation amount Rs.17,50,000 pending

                  disposal above said CA.No.61/2022 on the file of Principal District Judge,

                  Cuddalore.



                                  For Petitioner      : Mr.R.Sankarasubbu

                                  For Respondent      : Mr.S.Balaji
                                                       Government Advocate (Crl. Side)
                                                            *****




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https://www.mhc.tn.gov.in/judis
                                                                                  Crl.O.P.No.10812 of 2023



                                                         ORDER

This petition has been filed seeking to extend the time to deposit

20% of the compensation amount vide order dated 13.12.2022 made in

Crl.MP.No.7928 of 2022.

2. The learned counsel of the petitioner would submit that the

petitioner was convicted and sentenced to undergo six months Simple

Imprisonment vide Judgment dated 08.11.2022 made in STC.No.346 of 2017.

Further, the said condition was modified by the Trial Court vide order dated

13.12.2022 made in Crl.MP.No.7928 of 2022 to the effect that the petitioner

shall deposit 20% of the Cheque amount before the Lower Court within 15

days and the same has to be kept in Crl.CD account in the said case number

failing which the petition shall stand dismissed automatically. The time to

deposit the said amount was extended from time to time.

3. The learned counsel for the petitioner would further submit that

the petitioner is suffering economically and he could not mobilize funds and

hence, he was unable to comply with the order within the stipulated time.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10812 of 2023

Thereafter, he filed a petition for extension of time before the learned

Principal District and Sessions Judge, Cuddalore, but the learned Judge has

refused to entertain the petition on the ground that sufficient time was already

granted and thereby, the present petition seeking for extension of time has

been filed.

4. In view of the above submission made by the learned counsel for

the petitioner, this petition is ordered and time is extended for a further

period of three weeks to deposit 20% of the Cheque amount before the

Lower Court as ordered in Crl.M.P.No.7928 of 2022 on 13.12.2022.

10.05.2023 Index : Yes/No

Speaking Order: Yes/No.

kmi

To

1. The Principal District and Sessions Court, Cuddalore.

2.The Public Prosecutor, Madras High Court, Madras.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.10812 of 2023

SUNDER MOHAN, J.

kmi

Crl.O.P.No.10812 of 2023

10.05.2023

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