Madras High Court
K.Poornima vs A.P.Rajan on 7 November, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.30327 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2025
CORAM:
THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.30327 of 2025 and
Crl.M.P.No.20735 of 2025
K.Poornima
W/o.R.Parthikeyan
Proprietor of M/s.Royal Fitness Club
No.5, VNG Road, Moolachatram
Madhavaram, Chennai -600 053 ... Petitioner
Vs.
A.P.Rajan ... Respondent
PRAYER: Criminal Original Petition filed under Section 528 of B.N.S.S.
to set aside the order dated 08.10.2025, passed in M.P.No.2 of 2025 in Crl.
Appeal No.759 of 2025 pending on the file of the learned 16th Additional
District Judge, Chennai and consequently be pleased to grant an extension
of time for four weeks for depositing the conditional deposit of 10% as
ordered in M.P.No.1 of 2025 in Crl. Appeal No.759 of 2025.
For Petitioner : Mr.S.Ruban Prabu
ORDER
This Criminal Original Petition has been filed to set aside the order
dated 08.10.2025, passed in M.P.No.2 of 2025 in Crl. Appeal No.759 of
2025, pending on the file of the learned XVI Additional District Judge,
Chennai and consequently to grant extension of time by four weeks for
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depositing the conditional deposit of 10% as ordered in M.P.No.1 of 2025
in Crl. Appeal No.759 of 2025.
2. Mr.S.Ruban Prabu, learned counsel for the petitioner would
submit that against the judgment of conviction and sentence dated
19.05.2025, imposed by the learned XXV Metropolitan Magistrate,
Egmore, Chennai, in C.C.No.603 of 2020 for the offence under Section 138
of the Negotiable Instruments Act, 1881, the petitioner preferred an appeal
in Crl. Appeal No.759 of 2025, before the XVI Additional District Judge,
Chennai, along with a petition in M.P.No.1 of 2025, seeking suspension of
sentence pending disposal of the appeal. The learned Sessions Judge, by
order dated 16.06.2025, suspended the sentence subject to conditions that
the petitioner shall execute a bond for Rs.10,000/- with two sureties each
for a like sum to the satisfaction of the learned XXV Metropolitan
Magistrate, Egmore, Chennai on or before 23.06.2025 and further, the
petitioner shall deposit 10% of the compensation amount before the trial
Court to the credit of C.C. within sixty days from the date of the order. The
learned counsel would further submit that due to financial crunch, the
petitioner could not deposit 10% of the compensation amount within the
stipulated time. Hence, the petitioner filed another petition in M.P.No.2 of
2025 seeking extension of time for depositing 10% of the compensation
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amount as ordered by the learned Sessions Judge while suspending the
sentence. However, the learned Sessions Judge, dismissed the same by
order dated 08.10.2025. The learned counsel would submit that the
petitioner is ready to deposit and to comply with the said condition, if some
more time is granted to her. Hence, the present petition is filed seeking
extension of time.
3. Considering the submissions of the learned counsel for the
petitioner, the order dated 08.10.2025, passed in M.P.No.2 of 2025 in Crl.
Appeal No.759 of 2025, by the learned XVI Additional District Judge,
Chennai, is set aside and four weeks time from the date of this order, is
granted to the petitioner, to deposit 10% of the compensation amount and to
comply with the order dated 16.06.2025 passed in M.P.No.1 of 2025 in Crl.
Appeal No.759 of 2025.
4. Accordingly, this Criminal Original Petition is disposed of.
Consequently, the connected Miscellaneous Petition is closed.
07.11.2025
ksa-2
Index:Yes/No
Speaking/Non-speaking order
Neutral Citation:Yes/No
Note: Issue order copy on 12.11.2025.
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A.D.JAGADISH CHANDIRA J.
ksa-2
To
1. The XVI Additional District Judge, Chennai
2. The XXV Metropolitan Magistrate, Egmore, Chennai
07.11.2025
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