V.Ganesan v. M/S.Emu Lines Private Limited,

ORDER This Criminal Original Petition has been filed by the petitioner to set aside the return docket order in un-numbered SR, in Crl.M.P.No.1 of 2025 in Crl.A.No.87 of 2025 on the file of the XXII Additional Sessions Judge, Allikulam, Chennai dated 13.06.2025 and extend the time to deposit the conditional amount.

¶2The case of the petitioner is that the petitioner is an accused and was facing trial in the case in in C.C.No.1915 of 2016 on the file of the VII Metropolitan Magistrate, George Town, Chennai. After trial, by judgment dated 18.12.2024, the learned Metropolitan Magistrate, convicted the petitioner for the offence under Section 138 of Negotiable Instruments Act and sentenced him to undergo six months simple imprisonment and to pay the cheque amount of Rs.17,93,716/- as compensation to the complainant, in default, to undergo one month simple imprisonment. Challenging the same, the petitioner preferred an appeal in Crl.A.No.87 of 2025 and also filed a petition in Crl.M.P.No.1 of 2025 to suspend the sentence pending disposal of the appeal. The learned Principal Sessions Judge, by order dated 23.01.2025, suspended the sentence subject to condition that the petitioner to deposit 10% of the compensation amount before the trial Court to the credit of the Calender Case within a period of 45 days from the date of order, along with other conditions. The petitioner could not deposit the said amount within the stipulated time. Hence, he filed a petition seeking extension of time to deposit the amount, but the learned Sessions Judge returned the same vide docket order dated

13.06.2025 on the ground of maintainability since the said petition was filed beyond the stipulated period of 45 days. Challenging the same, the present petition is filed.

¶3Heard the learned counsel for the petitioner and perused the materials available on record.

¶4It is seen that the learned Sessions Judge has passed the conditional order directing the petitioner to deposit 10% of the compensation amount on

23.01.2025 itself. The petitioner neither complied with the same nor filed the petition for extension of time within the stipulated time. The petition for extension of time can be filed only within the stipulated time and it cannot be filed beyond the stipulated period.

¶5In this case, the petitioner has filed the petition for extension of time after expiry of the period of three months from the date of conditional order i.e. on 13.06.2025. Therefore, the learned Sessions Judge has returned the petition on the ground of maintainability. This Court finds no reason to interfere with the return docket order passed by the learned Sessions Judge.

¶6However, in order to give one more opportunity to the petitioner, the petitioner is directed to deposit 20% of the compensation amount before the trial Court, to the credit of C.C.No.1915 of 2015 on or before 08.08.2025 failing which, the petitioner will not be entitled to the relief of suspension of sentence and the trial Court shall proceed to secure the petitioner.

¶7Further, the learned Sessions Judge is directed to hear the appeal and dispose of the same within a period of one month from the date of receipt of a copy of this order.

¶8With the above directions, this Criminal Original Petition is disposed of.

30.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 Note: Isssue order copy on 30.07.2025 To

¶1The Principal Sessions Judge, Chennai.

¶2The XXII Additional Sessions Judge, Allikulam, Chennai.

¶3The VII Metropolitan Magistrate, George Town, Chennai. P.VELMURUGAN,J. Ksa-2

30.07.2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2025 Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN V.Ganesan Proprietor, G.K.Shipping Service No.77, Second Floor, Kodambakkam High Road Kodambakkam, Chennai - 34 Also residing at H.No.10/3, Balaji Mansion South Gangai Amman Koil Second Street, Choolaimdu Chennai - 94 ... Petitioner Vs. M/s.EMU Lines Private Limited New No.120, Old No.272 Thambuchetty Street Represented by its Accounts Manager Sathiyanarayanan ... Respondent Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to set aside return docket order in unnumbered SR in Crl.M.P.No.1 of 2025 in Crl.A.No.87 of 2025 on the file of the XXII Additional Sessions Judge, Allikulam, Chennai dated 13.06.2025 and extend the time to deposit the conditional amount. For Petitioner : Mr.J.Franklin