Madras High Court
N.Akbar Basha Khan vs V.G.Mariappan on 28 October, 2025
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.O.P.No.29203 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.29203 of 2025
and Crl.M.P.No.19809 of 2025
N.Akbar Basha Khan ... Petitioner
Vs.
V.G.Mariappan ... Respondent
PRAYER : Criminal Original Petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita/Section 482 of Cr.P.C., to set aside the
impugned order M.P.No.5383 of 2025 passed by XVI Additional City Civil
Court, Chennai on 18.08.2025 and consequently, extend the time to comply
with the order imposed in M.P.No.1 of 2025 passed by the learned Principal
Sessions Judge dated 18.03.2025 directing to deposit 20% of the
compensation amount under Section 148 NI (Amendment) Act.
For Petitioner : Mr.F.Najimudeen
ORDER
The Criminal Original Petition has been filed seeking to set aside
the order passed by the XVI Additional City Civil Court, Chennai, dated
18.08.2025, in Crl.M.P.No.5383 of 2025 in C.A.No.377 of 2025 and to
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extend the time granted to comply with the order passed by the Principal
Sessions Court, Chennai, in Crl.M.P.No.1 of 2025 in C.A.No.377 of 2025,
dated 18.03.2025.
2. The brief facts of the case are as follows :-
2.1. The complaint under Section 138 of the Negotiable
Instruments Act was filed by the respondent against the petitioner before
the learned Metropolitan Magistrate, FTC-III, Saidapet, Chennai, in
S.T.C.No.4210 of 2022.
2.2. On 17.02.2025, the trial Court found the
petitioner/accused guilty, convicted him and sentenced him to undergo
seven months simple imprisonment and further directed him to pay the
cheque amount of Rs.10,00,000/- as compensation, in default to undergo
one month simple imprisonment.
2.3. Against the said judgment, the petitioner preferred an
appeal in C.A.No.377 of 2025 along with a petition in Crl.M.P.No.1 of
2025 seeking suspension of sentence. On 18.08.2025, the learned Principal
Sessions Judge, while suspending the sentence imposed on the petitioner,
directed him to deposit 20 % of the cheque amount before the trial Court
within sixty days from the date of the said order.
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2.4. Since the petitioner was unable to mobilize the funds, he
filed Crl.M.P.No.5383 of 2025 before the XVI Additional City Civil Court,
Chennai, seeking extension of time for compliance. However, the learned
Judge, vide order dated 18.08.2025, dismissed the petition and vacated the
suspension of sentence granted to the petitioner on 18.03.2025 for non-
compliance of the conditional order and directed the trial Court to take
steps to secure the petitioner/accused. Aggrieved by the same, the present
petition has been filed.
3. Learned counsel appearing for the petitioner submitted that
the petitioner has now mobilized the amount and is ready to deposit the
same. He further submitted that the petitioner is ready to get along with the
appeal for early disposal. Therefore, if the order passed in Crl.M.P.No.5383
of 2025 is not set aside and the time is not extended, the petitioner would
be put to great hardship. Hence, he prayed to set aside the same.
4. Heard the learned counsel appearing for the petitioner and
perused the materials available on record.
5. Taking into consideration the facts and circumstances of the
case and the submissions made by the learned counsel for the petitioner,
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this Court is inclined to extend the time granted to the petitioner to comply
with the condition imposed in Crl.M.P.No.1 of 2025.
6. Accordingly, the Criminal Original Petition stands allowed.
The order passed by the learned XVI Additional District Judge, in
Crl.M.P.No.5383 of 2025, dated 18.08.2025, is set aside. Consequently,
the time for depositing 20% of the cheque amount before the trial Court, as
directed by the learned Principal Sessions Judge, Chennai, in Crl.M.P.No.1
of 2025 in C.A.No.377 of 2025 dated 18.03.2025, is hereby extended for a
further period two weeks from today.
7. On such deposit being made by the petitioner within the
extended time, the order passed in Crl.M.P.No.1 of 2025, dated 18.03.2025,
shall stand revived.
8. Consequently, connected miscellaneous petition is closed.
28.10.2025
Note : Issue order copy on 29.10.2025.
ham
Neutral Citation:Yes/No
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To
1. The Principal Sessions Judge, Chennai.
2. The XVI Additional City Civil Court, Chennai.
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A.D.JAGADISH CHANDIRA, J.
ham
28.10.2025
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