IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.11.2023 CORAM THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.O.P.No.25202 of 2023 P.Mohammed Iqbal ... Petitioner Vs.

Saravanaprabhu ... Respondent Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to set aside the return docket order in Crl.M.P.Sr.No.11960 of 2023 dated 07.08.2023 in C.A.No.115 of 2022 on the file of the learned Judicial Magistrate Fast Tract No.I, Erode.

For Petitioner : Mr.M.Saravanakumar

O R D E R

Petitioner herein found guilty for the offence under Section 138 of Negotiable Instruments Act for giving cheque for Rs.5,00,000/- without sufficient funds. While convicting the petitioner, sentence was suspended for thirty days and enabled the petitioner to prefer an appeal. Petitioner has preferred an appeal before the learned I Additional District Sessions Judge, Erode in Crl.A.No.115 of 2022 and sought for suspension of sentence. The Lower Appellate Court directed the petitioner to deposit 20% of cheque amount ie., R.1,00,000/- before the trail Court within a period of thirty days. Petitioner failed to do so but sought for further extension. The Lower Appellate Court extended the time for another 15 days. Instead of paying the money, petitioner has approached this Court challenging the order of the Lower Appellate Court directing him to pay 20% of cheque amount as pre- condtition to suspend the sentence. That Revision Petition was considered by this Court Crl.R.C.No.187 of 2023 and the same was dismissed on 07.02.2023. While so, leisurely, petitioner has taken demand draft dated 02.08.2023 for a sum of Rs.1,00,000/- and filed a memo before the learned I Additional District and Sessions Judge, Erode to accept the demand draft . The learned 1^st Additional District and Sessions Judge, Erode has rightly returned the memo stating that, this must be filed before the appropriate Court. Challenging the doctet order, present petition is filed.

2. Petitioner herein first of all had not complied the order of the lower Court within the time fixed and even after the extention of time. He has challenged the order of the lower appellate court by filing revision petition and that revision petition was dismissed on 07.02.2023. Instead of seeking extention of time, showing his bonafie, either beofer the Lower Appellate Court or before the trial Court, he has filed a memo before the lower appellate Court along with the draft. Hence,the Lower Appellate Court rightly returned he memo with direction to the petitioner to present the same before the appropriate Court, ie trial Court which had convicted the petitioner herein.

3. The learned counsel for the petitioner submitted that, due to some family circumstances, condition could not be complied and seeks extension of time. Now, demand draft is available with the petitioner and he will present it before the appropriate Court.

4. In any event, this Court is of the view that, inordinate delay and non compliance of the of the order could not be condoned and the prayer sought is also not maintanable. But, in the interest of justice, though this Court is not inclined to set aside the docket ordr made in Crl.M.P.Sr.No.11960 of 2023, since it is in accordance with law, petitoner is directed to deposit demand draft of Rs.1,00,000/- before the trial Court on the account of S.T.C.No.312 of 2018 on the file of Judicial Magistrate, Fast Track No.1, Erode within a period of one week from the date of receipt of copy of the order along with the cost of Rs.5,000/- ( Rupees Five Thousand Only) payable to the Secretary, Tamilnadu State Legal Services Authority, High Court Madras.

5. Accordingly, this Criminal Original Petition is disposed of.

02.11.2023 Index : Yes/No Neutral Citation : Yes/No Sma To

1. I Additional District Sessions Judge, Erode.

2. Judicial Magistrate Fast Tract No.I, Erode.

Dr.G.JAYACHANDRAN,J.

Sma

02.11.2023