The court maintains discretion to grant time extensions for complying with financial conditions imposed for the suspension of sentence in appeals against conviction under the Negotiable Instruments Act, provided such extensions are mandatory and final.

Headnote:The petitioner filed a petition under S.528 of the BNSS seeking to modify a condition imposed by the Sessions Court during the suspension of a sentence. The trial court had convicted the petitioner for an offence under S.138 of the Negotiable Instruments Act. Upon appeal, the Sessions Court directed the petitioner to deposit 20% of the cheque amount as a condition for suspending the sentence. The court found that the petitioner had already mobilized a significant portion of the amount and sought further time to comply. The main issue was whether the petitioner should be granted additional time to comply with the deposit requirement for the suspension of sentence. The court observed that the petitioner had demonstrated efforts to comply with the financial conditions and deemed it appropriate to grant an extension to ensure compliance, emphasizing that failure to meet the deadline would result in the cancellation of the suspension order. The petition is disposed of with a direction for the petitioner to deposit the remaining amount by the specified date.

Table of Content
1. granting extension of time for deposit of compensation in cheque bounce appeals. (Para 1 , 2 , 3)

ORDER

The petitioner / accused in a case filed under Section 138 of NI Act had been convicted by the trial Court in STC No.1920/2023 on 11.02.2026 and he had been directed to undergo four months simple imprisonment and to pay a sum of Rs.3,20,000/- along with 3% interest. Aggrieved against the judgment, the petitioner had preferred an appeal before the Sessions Court in Crl.A.No. 371/2026 and a petition to suspend the sentence in Crl.M.P.No.2521/2026. The learned Sessions Judge admitted the appeal and suspended the sentence and directed the petitioner to pay 20% of the cheque amount of Rs.3,20,000/- within a period of 60 days.

2. The learned counsel for the petitioner submitted that now 50% of the cheque amount has been mobilised and the remaining 50% of the cheque amount will be mobilised within a period of four weeks.

3. In view of the above, the petitioner is directed to mobilize the remaining 50% on or before 01.06.2026. It is made clear that no further extension of time will be granted and if the petitioner fails to mobilize the remaining 50% of the cheque amount, the suspension of sentence granted by the trial Court and the extension of time now granted will stand automatically cancelled.

4. Accordingly, this Criminal Original Petition is disposed.

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2026 Supreme(Online)(Mad) 42484

IN THE HIGH COURT OF JUDICATURE AT MADRASM. Nirmal Kumar, JShankar Ganesh – AppellantVersusGowtham Ram – RespondentCriminal Original Petition

The court maintains discretion to grant time extensions for complying with financial conditions imposed for the suspension of sentence in appeals against conviction under the Negotiable Instruments Act, provided such extensions are mandatory and final.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
Shankar Ganesh – Appellant
Versus
Gowtham Ram – Respondent
Criminal Original Petition