Madras High Court
Mrs.Lidiya Shoba Rani vs Mr.Pradeep on 17 June, 2025
Author: P.Velmurugan
Bench: P.Velmurugan
Crl.O.P.No.17424 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.06.2025
Coram:
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.O.P.No.17424 of 2025
--
Mrs.Lidiya Shoba Rani .. Petitioner
Vs.
Mr.Pradeep .. Respondent
Criminal Original Petition filed under Section 528 of BNSS, to set aside the
order passed on 18.10.2024 in Crl.M.P.No.29232 of 2024 in C.A.No.522 of 2024,
pending on before the learned XXI Additional City Civil Court at Allikulam, Chennai
and extend the time to comply the conditional order in Crl.M.P.No.20136 of 2024.
For petitioner : M/s.M.K.Keerthana
For respondent: Mr.R.Hemalatha
Page No.1/6
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Crl.O.P.No.17424 of 2025
ORDER
This Criminal Original Petition is filed under Section 482 Cr.P.C. seeking to set
aside the order dated 18.10.2024 passed in Crl.M.P.No.29232 of 2024 in C.A.No.522
of 2024 by the learned XXI Additional City Civil Court at Allikulam, Chennai, whereby
the petitioner’s application seeking further extension of time to deposit the directed
sum was dismissed.
2. The facts, in brief, are as follows:
The respondent/complainant filed a private complaint under Section 138 of
the Negotiable Instruments Act, 1881 in C.C.No.4430 of 2019 on the file of the
learned Metropolitan Magistrate, Fast Track Court No.II, Egmore at Allikulam,
alleging that the petitioner herein issued a cheque for a sum of Rs.15,00,000/- in
discharge of liability, which was returned dishonoured for "Funds Insufficient." Upon
completion of trial, the learned Magistrate, by judgment dated 25.06.2024, convicted
the petitioner under Section 138 of the Negotiable Instruments Act and sentenced
her to undergo six months’ simple imprisonment and directed her to
pay compensation of Rs.15,00,000/- to the complainant within one month, in default
to undergo a further period of two months’ simple imprisonment.
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3. Aggrieved thereby, the petitioner preferred a Criminal Appeal in C.A.No.522
of 2024. In the said appeal, she also filed a petition in Crl.M.P.No.20136 of 2024
seeking suspension of sentence, which was allowed. The learned Sessions Judge
suspended the sentence and directed the petitioner to be released on bail on her
executing a bond for Rs.10,000/- with two sureties each for a like sum to the
satisfaction of the trial Court. A further condition was imposed directing the
petitioner to deposit 20% of the compensation amount within 60 days from the date
of the said order, to the credit of the case before the trial Court.
4. The petitioner, citing financial hardship and business losses, was unable to
comply with the deposit condition within the stipulated time. Consequently, she filed
an application in Crl.M.P.No.28046 of 2024 seeking extension of time, which was
allowed by the learned Sessions Judge on 03.10.2024, extending the time up to
18.10.2024.
5. Despite the extension, the petitioner failed to deposit the said amount. She
thereafter filed yet another petition in Crl.M.P.No.29232 of 2024 for further
extension of time, which came to be dismissed by the learned XXI Additional City
Civil Judge on 18.10.2024, leading to issuance of non-bailable warrant.
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6. The present petition is filed challenging the said dismissal order and the
consequential warrant issued.
7. It is the case of the petitioner that she has been undergoing economic
difficulties for the past eight months owing to business losses and severe health
issues. She has made earnest attempts to mobilise the funds, but due to her
financial condition, she was unable to comply with the court’s direction.
8. It is evident from the records that the petitioner was granted sufficient time
and also a further extension to comply with the conditional order. The direction to
deposit 20% of the compensation amount is not merely procedural but forms part of
the conditional suspension of sentence as per the statutory mandate under Section
148 of the Negotiable Instruments Act. Failure to comply would disentitle the
petitioner from continuing to enjoy the benefit of suspension of sentence.
9. Admittedly, the Criminal Appeal in C.A. No.522 of 2024 has been pending
on the file of the XXI Additional Sessions Court, Allikulam, for nearly one year.
Hence, this Court is of the view that prolonging the adjudication without disposal on
merits would not subserve the ends of justice.
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10. In the above circumstances, this Court is not inclined to interfere with the
impugned order dated 18.10.2024 passed in Crl.M.P.No.29232 of 2024. However,
considering that the main appeal is ripe for hearing and to avoid further prejudice to
either party, this Court deems it appropriate to direct expeditious disposal of the
appeal.
11. Accordingly, the learned XXI Additional Sessions Judge, Allikulam, Chennai
is directed to dispose of Criminal Appeal No.522 of 2024 on merits, after affording
sufficient opportunity to both sides, on or before 21.07.2025, without granting any
unnecessary adjournments.
12. With the above observations, this Criminal Original Petition stands
dismissed.
17.06.2025
rns
Index : Yes/No
Neutral Citation Case : Yes/No
Speaking Order : Yes/No
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P.VELMURUGAN, J
rns
To
1. The XXI Additional City Civil Court at Allikulam, Chennai.
2. The Public Prosecutor, Madras High Court, Chennai.
17.06.2025
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