Madras High Court
V.T.R.Fuel Station vs Shanmugam on 27 June, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.O.P.(MD)No.10779 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.06.2025
CORAM
THE HON`BLE MR.JUSTICE B.PUGALENDHI
Crl.O.P.(MD)No.10779 of 2025
V.T.R.Fuel Station,
Rep. by its Proprietor,
Vikkramathithan
S/o.Kalamegam,
10C Dealers, VC Mottur,
Valajapet,
Ranipet – 632 513. ... Petitioner
versus
Shanmugam ... Respondent
Prayer : Petition filed under Section 528 of Bharatiya Nagarik Suraksha
Sanhita, 2023, to direct the learned Principal District and Sessions Judge,
Karur, to number and dispose of the extension petition filed by the
petitioner in ATN20220000483D202400225 and ATN20220000483D20
240026 dated 05.04.2024.
For Petitioner : Mr.S.Balaji
1/8
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Crl.O.P.(MD)No.10779 of 2025
ORDER
The petitioner is an accused in S.T.C.No.3419 of 2023. The
learned Judicial Magistrate No.II, Karur, by a Judgment 21.12.2023,
found the petitioner guilty for the offences punishable under Section 138
of the Negotiable Instruments Act, convicted and sentenced him to
undergo six months simple imprisonment and directed him to pay the
cheque amount of Rs.10 lakhs to the defacto complainant as
compensation. As against the Judgment of conviction and sentence
dated 21.12.2023, the petitioner has preferred an appeal before the
Principal Sessions Court, Karur, in C.A.No.11 of 2024. The learned
Principal Sessions Judge, while entertaining the appeal and suspending
the sentence, on 23.01.2024, has passed an order as per Section 148(1) of
the Negotiable Instruments Act, directing the petitioner/appellant to
deposit a sum of Rs.2 ½ lakhs, i.e. 25 % of the cheque amount, on or
before 22.02.2024. Aggrieved over the same, the petitioner has preferred
a revision petition before this Court in Crl.R.C.(MD)No.204 of 2024 on
07.02.2024 and the same was withdrawn on 26.02.2024. Thereafter, the
petitioner filed an application before the Principal District and Sessions
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Crl.O.P.(MD)No.10779 of 2025
Judge, Karur, seeking extension of time for paying 25% as directed by
the Court on 05.04.2024, through e-filing. However, the said application
has not been entertained by the Principal District and Sessions Court.
Thereafter, the petitioner has moved this petition in the month of June
2025 seeking a direction to the Principal District and Sessions Court to
number and dispose of the extension petition filed by the petitioner in
ATN20220000483D202400225 and ATN20220000483D20 240026
dated 05.04.2024.
2. The learned counsel for the petitioner, by referring to the
provisions under Section 148(2) of the Negotiable Instruments Act,
submits that the amount as directed by the Principal District and Sessions
Court, Karur, while entertaining the criminal appeal as per Section
148(1) of the Negotiable Instruments Act, shall be deposited within 60
days from the date of order. However, the time limit provided to the
petitioner was only for 30 days. He further submits that the petitioner
has also challenged the order dated 23.01.2024 by way of filing a
revision petition before this Court in time, i.e. on 07.01.2024 and the
same was also entertained by this Court in Crl.R.C.(MD)No.204 of 2024,
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Crl.O.P.(MD)No.10779 of 2025
however, it was dismissed as withdrawn on 26.02.2024, when the matter
was taken up for final disposal.
3. The learned counsel for the petitioner has also referred to the
provisions available under Section 148(2) of the Negotiable Instruments
Act, enabling the Court to provide 30 more days for complying with the
order passed under Section 148(1) of the Negotiable Instruments Act.
Therefore, the learned counsel for the petitioner submits that the
petitioner is having 90 days' time for depositing the amount. The
petitioner has filed a revision petition before this Court on 07.02.2024,
challenging the order dated 23.01.2024 and after the dismissal of the
criminal revision on 26.02.2024, he also filed extension application
before the Principal District and Sessions Court on 05.04.2024.
Therefore, according to him, the petitioner has filed the extension
petition before the Principal District and Sessions Court, well within the
time as prescribed under Section 148(2) of the Negotiable Instruments
Act. However, the learned Principal District and Sessions has not
entertained the same. Therefore, the petitioner is before this Court.
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Crl.O.P.(MD)No.10779 of 2025
4. This Court considered the submissions made by the learned
counsel for the petitioner.
5. The petitioner has relied upon a receipt for filing of the
extension application before the Principal District and Sessions Court, on
05.04.2024. The petitioner has also challenged the order of the learned
Principal District and Sessions Judge dated 23.01.2024 by way of filing a
revision petition before this Court on 07.02.0224 and he has persuaded
the same, however, it was dismissed as withdrawn on 26.02.2024.
Therefore, the petitioner ought to have persuaded the extension
application filed under the provisions of Section 148(2) of the Negotiable
Instruments Act, before the Principal District and Sessions Court, Karur.
Now, it is the grievance of the petitioner that the Principal District and
Sessions Court, Karur, has not numbered the extension petition filed by
the petitioner.
6. This Court is not aware as to whether the extension application
filed by the petitioner is in order or whether the petitioner has followed it
in a proper manner. However, in the interest of justice and in view of the
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Crl.O.P.(MD)No.10779 of 2025
provisions available under Section 148(2) of the Negotiable Instruments
Act, this Court is inclined to allow this criminal petition.
7. Accordingly, this Criminal Original Petition is allowed, by
granting time to the petitioner to deposit the amount as directed by the
learned Principal District and Sessions Judge, Karur, in the order dated
23.01.2024, on or before 10.07.2025.
8. Considering the conduct of the petitioner in not persuading the
application filed before the learned Principal District and Sessions Judge,
Karur, on 05.04.2024 and in preferring this petition only in the month of
July 2025, this Court directs the petitioner to deposit a sum of Rs.1 lakh
in addition to the amount of 25 % of the cheque amount, to the credit of
learned Judicial Magistrate No.II, Karur, in STC No.3419 of 2023, on or
before 10.07.2025.
27.06.2025
Index : Yes / No.
Internet : Yes / No.
NCC : Yes / No.
ogy
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Crl.O.P.(MD)No.10779 of 2025
To
1. The Principal District and Sessions Judge,
Karur.
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Crl.O.P.(MD)No.10779 of 2025
B.PUGALENDHI, J.
ogy
Crl.O.P.(MD)No.10779 of 2025
27.06.2025
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