G.Arul Azhagan v. M.Jayakumar

ORDER The petitioner, who has been convicted by the Trial Court on a private complaint filed by the respondent under Section 138 of the Negotiable Instrument Act in CC.No.86 of 2023 has filed this petition.

2.Against the conviction, the petitioner had preferred an appeal before the Additional District Judge, (Fast Track Court), Mettur, in C.A.No.237 of 2024 and filed suspension of sentence petition in Crl.M.P.No.53 of 2024. The appeal was admitted and suspension of sentence petition was allowed by imposing certain conditions and one of the condition was that the petitioner shall deposit 20% of the total compensation amount before the Trial Court, which the petitioner could not comply. Hence, the petitioner filed Crl.M.P.No.21 of 2025 to grant further time to comply the condition No.I imposed in Crl.M.P.No.53 of 2024 in Crl.A.No.237 of 2024. However, the learned Additional District Judge,

(FAC), Mettur, by order dated 07.10.2025, dismissed Crl.M.P.No.21 of 2025 filed for extension of time.

3.Further, Crl.M.P.No.20 of 2025 filed by the petitioner to condone the delay of 86 days for filing the petition for extension of time, was also dismissed by the learned Additional District and Sessions Judge, (FAC), Mettur, on

07.10.2025. Against which the present petition.

4.The learned counsel for the petitioner submitted that now the petitioner is ready with the 20% of the cheque amount and ready to deposit the same on the Trial Court, but the Trial Court refused to receive the amount since time lapsed.

5.Considering the facts and circumstances of the case and the submission made by the learned counsel for the petitioner that the petitioner is ready to deposit 20% of the cheque amount, this Criminal Original Petition is allowed and the order passed in Crl.M.P.No.21 of 2025 in Crl.M.P.No.53 of 2024 in Crl.A.No.237 of 2024 dated 07.10.2025 is set aside and the order dated

07.10.2025 passed in Crl.M.P.No.20 of 2025 filed to condone the delay of 86 days in filing the petition is dismissed. The petitioner is directed to deposit 20% of the compensation amount within a period of two (2) weeks from the date of uploading this order. 09-04-2026 krk Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1.M.Jayakumar S/o. Munichetti, No.1061 0A27, Ponnagar, Mettur Dam - 636 401.

2.The learned Additional District Judge, (Fast Track Court) at Mettur.

3.The learned Judicial Magistrate No.I, Mettur.

4.The Public Prosecutor, High Court of Madras, Chennai. CRLeOPeNo.e291eofe2026 M.NIRMALoKUMARoJ. krk CRLoOPoNo.o291oofo2026 o 09-04-2026 4e/e4

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09-04-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR 1. G.Arul Azhagan S/o. Ganesan, 1st Floor, AVR Building Square Market, Mettur Dam - 636 401. Petitioner(s) Vs 1. M.Jayakumar S/o. Munichetti, No.1061 0A27, Ponnagar, Mettur Dam - 636 401. Respondent(s) PRAYER To set aside the order passed by Honble Additional District Judge, (Fast Track Court) at Mettur in Crl.M.P.No.21 of 2025 dated 07.10.2025 consequently to permit the petitioner to comply the condition No.I imposed by the learned Additional District Judge (Fast Track Court) at Mettur in its order in Crl.M.P.No.53 of 2024 in Crl.A.No.237 of 2024 dated 21.10.2024. For Petitioner(s): C.Rajaguru For Respondent(s): M.JAYAKUMAR S/o. Munichetti - NO APPEARANCE