Madras High Court
K.Balaraman vs E.Balachandar on 17 November, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.31248 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.31248 of 2025
K.Balaraman ... Petitioner
Vs.
E.Balachandar ... Respondent
PRAYER : Criminal Original Petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to extend the
time to comply with the condition passed by the learned XV Additional City
Civil Court in Crl.M.P.No.1 of 2025 dated 23.10.2025.
For Petitioner : Mr.P.R.S.Thamizhmaran
ORDER
The present Criminal Original Petition has been filed seeking to
extend the time granted to comply with the order passed by the learned XV
Additional Sessions Judge, Chennai, in Crl.M.P.No.1 of 2025 in
C.A.No.1291 of 2025, dated 23.10.2025.
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2. The submissions of the learned counsel for the petitioner are
as follows :-
2.1. The complaint under Section 138 of the Negotiable
Instruments Act was filed by the respondent/complainant against the
petitioner/accused before the learned Metropolitan Magistrate, FTC-V,
Saidapet, Chennai, in C.C.No.5100 of 2019.
2.2. On 15.09.2025, the trial Court found the
petitioner/accused guilty, convicted him and sentenced him to undergo two
months simple imprisonment and further directed him to pay the cheque
amount of Rs.2,00,000/- as compensation, in default to undergo three weeks
simple imprisonment.
2.3. Against the said judgment, the petitioner preferred an
appeal in C.A.No.1291 of 2025 along with a petition in Crl.M.P.No.1 of
2025 seeking suspension of sentence. On 23.10.2025, the learned XV
Additional Sessions Judge, Chennai, while suspending the sentence imposed
on the petitioner, directed him to execute a bond for a sum of Rs.10,000/-
along with two sureties each for a like sum to the satisfaction of the trial
Court on or before 31.10.2025 and to deposit 20 % of the cheque amount
before the trial Court within thirty days from the date of the said order.
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2.4. Since the petitioner had difficulty in arranging the
sureties, he was unable to execute the bond within the stipulated time and
consequently, the time granted by the appellate Court has expired. However,
the petitioner is now ready to comply with the conditions imposed by the
appellate Court. Hence, the present petition has been filed seeking extension
of time.
3. Having heard the learned counsel appearing for the petitioner
and perused the materials available on record and taking note of the
submissions made, this Court is inclined to extend the time granted to the
petitioner to comply with the condition imposed by the learned XV
Additional Sessions Judge, Chennai.
4. Accordingly, this Criminal Original Petition stands allowed.
The petitioner is directed to comply with the conditions imposed by the
learned XV Additional Sessions Judge, Chennai, in Crl.M.P.No.1 of 2025 in
C.A.No.1291 of 2025, dated 23.10.2025, on or before 26.11.2025. It is
made clear that all other conditions shall remain unaltered.
17.11.2025
ham
Neutral Citation:Yes/No
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To
1. The XV Additional Sessions Judge,
Chennai.
2. The Metropolitan Magistrate,
FTC-V, Saidapet, Chennai.
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A.D.JAGADISH CHANDIRA, J.
ham
17.11.2025
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