Madras High Court
CRL OP/29908/2026 of Anitha Suresh Vs M/s. Pavithra Batteries Service on 14 October 2026
CRL OP No. 29908 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29908 of 2026
CNR:{HCMA012367142026}
and
CRL MP No. 19921 of 2026
Anitha Suresh
..Petitioner
Vs
M/s. Pavithra Batteries Service
Rep by its Proprietor R.Sivakumar,
No.39, New Avadi Road,
Gandhi Nagar, ICF,
Chennai
..Respondent
PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records pertaining to the order dated 18.09.2026 passed in Crl.M.P.No.7 of 2026 in Crl.A.No.716 of 2026 on the file of the Learned III Additional Sessions Judge, City Civil Court, Chennai, and set aside the same insofar as it has resulted in issuance of Non- Bailable Warrant against the petitioner and consequently direct the learned Appellate Court to receive the Demand Draft bearing No.412627 dated 21.09.2026 for a sum of Rs.1,00,000/- drawn on Union Bank of India, Ashok Nagar Branch, representing 20 % of the cheque amount, and consider the same towards compliance of the condition imposed in the order dated 03.06.2026 in Crl.M.P.No.1 of 2026 in Crl.A.No.716 of 2026, as subsequently extended by order dated 03.09.2026 in Crl.M.P.No.7410 of 2026.
For Petitioner:
M/s.J.Jothi
CRL OP No. 29908 of 2026
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ORDER
This Criminal Original Petition has been filed challenging the order dated 18.09.2026 passed in Crl.M.P.No.7 of 2026 in Crl.A.No.716 of 2026 on the file of the Learned III Additional Sessions Judge, City Civil Court, Chennai, thereby dismissing the petition seeking extension of time to comply with the order order dated 03.06.2026 passed in Crl.M.P.No.1 of 2026 in Crl.A.No.716 of 2026, thereby directing the petitioner to deposit 20% of the compensation amount before the Trial Court within a period of two months.
2. Heard the learned counsel appearing for the petitioner and perused the materials available on record.
3. On perusal of the records reveals that the petitioner was convicted by the judgment dated 04.05.2026, for the offence punishable under Section 138 of the Negotiable Instrument Act, by the learned XXXV Metropolitan Magistrate (FTC-II), Allikulam, Chennai, in S.T.C.No.8056 of 2022 and was sentenced to undergo six months simple imprisonment and to pay a compensation of the cheque amount viz., Rs.5,00,000/- to the complainant, in default to undergo two months simple imprisonment. Aggrieved by the same, the petitioner preferred an appeal in Crl.A.No.716 of 2026 along with the petition in Crl.M.P.No.1 of 2026 to suspend the sentence pending disposal of the appeal. The Appellate Court, while considering the petition for suspension
CRL OP No. 29908 of 2026
of sentence, by an order dated 03.06.2026 suspended the sentence alone till the disposal of the appeal on condition to deposit 20% of the compensation amount before the Trial Court within a period of two months. However, the petitioner failed to comply with the said condition within the stipulated time and filed a petition in Crl.M.P.No.7410 of 2026 seeking an extension of time. The Appellate Court, by order dated 03.09.2026, granted fifteen days further time to the petitioner to comply with the said condition. However, the petitioner again failed to comply with the said condition and filed another petition seeking further time. In the absence of compliance, the Appellate Court dismissed the petition and issued a Non-Bailable Warrant against the petitioner. Aggrieved by the same, the petitioner filed the present petition.
4. The learned counsel appearing for the petitioner submitted that the petitioner has now obtained a Demand Draft bearing No.412627, dated 21.09.2026, for a sum of Rs.1,00,000/- drawn on Union Bank of India, Ashok Nagar Branch, in favour of Chief Metropolitan Magistrate, Egmore, Chennai and is ready to deposit to the credit of STC No.8056 of 2022.
5. Considering the submissions made by the learned counsel for the petitioner, though this Court is not inclined to set aside the order dated 18.09.2026 passed in Crl.M.P.No.7 of 2026 in Crl.A.No.716 of 2026 on the file of the learned III Additional Sessions Judge, City Civil Court, Chennai, this
CRL OP No. 29908 of 2026
Court is inclined to extend the time to comply with the order passed by the Appellate Court. Accordingly, the petitioner shall comply the condition imposed in the order dated 03.06.2026 passed by the learned III Additional Sessions Judge, City Civil Court, Chennai, in M.P.No.1 of 2026 in Crl.A.No.716 of 2026, on or before 02.11.2026, failing which the present order of this Court extending the time shall automatically stand cancelled and the Appellate court shall take appropriate action against the accused in accordance with law.
6. Accordingly, the Criminal Original Petition stands disposed of. Consequently, the connected miscellaneous petition is closed. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP Note : Issue order copy on or before 28.10.2026. To
1. The XXXV Metropolitan Magistrate (FTC-II), Allikulam, Chennai.
2. The III Additional Sessions Judge, City Civil Court, Chennai.
CRL OP No. 29908 of 2026
G.K.ILANTHIRAIYAN J. LPP CRL OP No. 29908 of 2026 and CRL MP No. 19921 of 2026 14-10-2026