G.Maheswari vs M.T.R.Nagaraj
2024 Latest Caselaw 8285 Mad

Madras High Court

G.Maheswari vs M.T.R.Nagaraj on 3 June, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                                                                                 Crl.OP.No. 10974 of 2024


                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 03.06.2024

                                                           CORAM

                             THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

                                                   Crl.OP.No.10974 of 2024


                     G.Maheswari                                                    ... Petitioner

                                                              Vs.

                     M.T.R.Nagaraj                                                  ... Respondent

                     Prayer: Criminal Original Petition is filed under Section 482 of Criminal
                     Procedure Code, prayed to extend the time for further period of 10 days
                     to execute the sureties and deposit 20% of the compensation amount in
                     Crl.MP.No.28574 of 2023 in C.A.No.694 of 2023 order dated
                     08.11.2023 on the file of the Principal Sessions Court, Chennai.


                                        For Petitioner     : Mr.Thenrajan

                                                          ORDER

The petitioner is an accused found guilty of issuing a cheque for a

sum of Rs.3,30,000/- without fund. She had been convicted by the trial

Court to undergo one year simple imprisonment and to pay the cheque

amount as fine within one month, in default, to undergo three months

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simple imprisonment. Being aggrieved by the judgment of conviction

and sentence, the petitioner has preferred an appeal before the Principal

Sessions Court, Chennai in Crl.A.No.694 of 2023 and also sought for

suspension of sentence.

2. The lower Appellate Court had suspended the sentence on a

condition to deposit 20% of the compensation amount within sixty days

from the date of order i.e., 08.11.2023. The petitioner is unable to

mobilize the money to deposit 20% of the compensation amount within

sixty days. Hence, she is before this Court seeking extension of time.

3. The learned counsel for the petitioner states that the petitioner

being a house wife was unable to mobilize Rs.66,000/- (Rupees Sixty Six

thousand only) within a period of sixty days and due to the intervention

of summer vacation, her application for extension of time could not be

taken up immediately. The learned counsel further states that now, the

petitioner is ready to deposit a sum of Rs.66,000/- within ten days from

today.

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4. Considering the undertaking given by the learned counsel on

behalf of the petitioner, this Criminal Original Petition is allowed by

extending the time to deposit 20% of compensation amount as ordered

by the learned Principal Sessions Judge, Chennai till 13.06.2024 and to

furnish the sureties.

03.06.2024

Vv Note: Issue Order Copy on 04.06.2024

To

1. The Principal Sessions Court, Chennai.

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

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

Dr.G.JAYACHANDRAN, J.

Vv

03.06.2024

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