IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.02.2025 CORAM THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.4853 of 2025 C.Nagaraj ... Petitioner Vs A.Anand Raj ... Respondent Criminal Original Petition is filed under Section 528 of B.N.S.S., to set aside the order dated 27.11.2024 passed by the Principal District and Sessions Judge at Tiruvallur in Crl.M.P.No.7174 of 2024 in Crl.A.No.242 of 2024 against S.T.C.No.912 of 2022 on the file of the Judicial Magistrate, Fast Track Court at Magistrate Level, Poonamallee.

For Petitioner : Mr. R.Vinu Priyanga

O R D E R

This Criminal Original Petition has been filed challenging the order dated 27.11.2024, passed by the Principal District and Sessions Judge at Tiruvallur, in Crl.M.P. No. 7174 of 2024, in Crl.A. No. 242 of 2024, against S.T.C. No. 912 of 2022, on the file of the Judicial Magistrate, Fast Track Court at Magistrate Level, Poonamallee.

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

3. The petitioner is an accused in the complaint lodged by the respondent for the offences punishable under Section 138 of the Negotiable Instruments Act in STC No. 912 of 2024, on the file of the Judicial Magistrate, Fast Track Court at Magistrate Level, Poonamallee. After a full- fledged trial, the Trial Court convicted and sentenced the petitioner to undergo one year of simple imprisonment for the offence under Section 138 of the Negotiable Instruments Act and awarded a compensation of Rs.16,00,000/-. Aggrieved by the same, the petitioner preferred an appeal in C.A. No. 242 of 2024 and filed a petition for suspension of sentence in Crl.M.P. No. 7174 of 2024. The Appellate Court suspended the sentence on the condition that the petitioner shall deposit 20% of the compensation amount within a period of sixty days from the date of that order to the credit of STC No. 912 of 2022.

4. The learned counsel for the petitioner would submit that the petitioner is an auto driver and he could not mobilize the funds. He previously ran a chit fund finance and due to this, the petitioner owes the respondent the amount that was paid. In order to repay the said amount, the petitioner issued a cheque for a sum of Rs. 10,00,000/- and the same was returned dishonoured. Therefore, the petitioner does not come under the category of exception, where no condition is imposed while suspending the sentence. Hence, this Court finds no infirmity or illegality in the order passed by the Appellate Court.

5. Accordingly, this Criminal Original Petition is dismissed.

However, the time to comply with the order passed by the Appellate Court is extended till 06.03.2025. If the petitioner fails to comply with the condition on or before 06.03.2025, the Appellate Court is directed to proceed against the petitioner in accordance with law.

21.02.2025 Index:Yes/No Neutral Citation/Yes/No kv To

1.The Judicial Magistrate, Fast Track Court at Magistrate Level, Poonamallee.

2. The Principal District and Sessions Judge, Tiruvallur.

G.K.ILANTHIRAIYAN, J.

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21.02.2025