ORDER

The petitioner, who is an accused in C.C.No.9905 of 2009 for offence under Section 138 of the Negotiable Instruments Act prosecuted by the respondent/complainant, has filed this criminal original petition.

2.On conclusion of the trial, the Metropolitan Magistrate, FTC- III, Saidapet, Chennai, by judgment dated 23.12.2020, convicted the petitioner. Aggrieved against the same, the petitioner preferred an appeal in C.A.No.13 of 2021 before the Principal Sessions Judge, Chennai along with C.M.P.No.902 of 2021 seeking suspension of sentence. The Sessions Court by order dated 22.01.2021 admitted the appeal and further, granted suspension of sentence to the petitioner with a direction that the petitioner to deposit 20% of the cheque amount to the credit of C.C.No.9905 of 2009 before the Metropolitan Magistrate, FTC-III Saidapet, Chennai, within a period of sixty days.

3.The petitioner, due to pandemic situation, was unable to mobilize

20% of the cheque amount. According to the petitioner, the cheque amount involved in this case is Rs.14,00,000/- and 20% of the cheque amount works out to Rs.2,80,000/-. The petitioner has now mobilized the funds and when he approached the trial Court to d