S.Madhavan vs P.Rathnam
2025 Latest Caselaw 7612 Mad

Madras High Court

S.Madhavan vs P.Rathnam on 7 October, 2025

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                                                                            Crl.O.P.No.26947 of 2025

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 07.10.2025

                                                            CORAM:

                                  THE HON'BLE MR.JUSTICE N. SATHISH KUMAR

                                                Crl.O.P.No.26947 of 2025

                 S.Madhavan                                                                       ... Petitioner
                                                                 Vs.

                 P.Rathnam                                                                     ... Respondent

                 PRAYER : Criminal Original Petition is filed under Section 528 of BNSS,
                 to set aside the return docket order dated 07.07.2025 in Crl.M.P.No.628 of
                 2025 on the file of the learned VII Additional City Civil Court, Chennai in
                 Crl.M.P.No.1 of 2025 in C.A.No.402 of 2025 in STC.No.761 of 2022.

                                    For Petitioners     : Mr.R.Dhanasekar

                                                      ORDER

The petitioner seeks direction to set aside the return order passed by

the appellate court.

2. The petitioner was convicted vide judgment dated 20.02.2025 in

STC.No.761 of 2022 to undergo simple imprisonment of two months with

the compensation of 3 lakhs under the cheque complaint filed under Section

138 of Negotiable Instruments Act. On appeal, the appellate court while

suspending the sentence directed the petitioner to deposit 15% of the cheque

amount before the Trial Court to the credit of STC.No.761/2022 within a

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period of 60 days from the date of that order. That order was passed on

24.03.2025. However, the petitioner has not deposited the amount within

the time as directed by the appellate court and now, the petitioner has filed

extension petition to deposit the amount and the same was returned vide the

impugned order.

3. It is the contention of the petitioner that the petitioner is ready to

deposit the amount within a time fixed by this Court. Hence, seeks for

appropriate order.

4. I have perused the materials placed on record. Considering the

submissions of the petitioner and the ultimate object of the NI Act is only to

recover the amount in a cheque complaint, this Court is inclined to extend

the time for a period of two weeks from today before the Trial Court as

directed by the appellate court.

5. Accordingly, this petition stands disposed of.

07.10.2025

dhk Neutral Citation:Yes/No Note: Issue Order Copy today

To

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1. The VII Additional City Civil Court, Chennai

2. The Metropolitan Magistrate, FTC-IV, George Town, Chennai

3.The Public Prosecutor, High Court of Madras.

N. SATHISH KUMAR, J.

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dhk

07.10.2025

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