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2025 DAILYLAW 81826 (MAD)

J Kanimozhi v. M Arvind Bagreecha

CRL MP/16291/2025 · 2025-08-28

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.08.2025 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 J.Kanimozhi ... Petitioner Vs M.Arvind Bagreecha ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of BNSS, 2023, to extend the time to deposit the entire cheque amount i.e. Rs.6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) after deducting the amount which was already deposited by the petitioner, if any, to the credit of C.C.No.8325 of 2018, on the file of the learned Metropolitan Magistrate, Fast Track Court-I, Egmore, at Allikulam, Chennai, in Crl.M.P.No.10491 of 2025 in Crl.R.C.No.696 of 2025 order dated 11.06.2025. For Petitioner : Mr.V.Ramanareddy For Respondent : Mr.P.N.Vignesh ORDER This Criminal Miscellaneous Petition has been filed by the petitioner, to extend the time to deposit the entire cheque amount i.e. Rs.6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) after deducting the amount which was already deposited by the petitioner, if any, to the credit of C.C.No.8325 of 2018, on the file of the learned Metropolitan Magistrate, Fast https://www.mhc.tn.gov.in/judis Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 Track Court-I, Egmore, at Allikulam, Chennai, in Crl.M.P.No.10491 of 2025 in Crl.R.C.No.696 of 2025 order dated 11.06.2025. 2. This Court, by an order dated 11.06.2025 in Crl.M.P.No.10491 of 2025 in Crl.R.C.No.696 of 2025, had already suspended the sentence imposed on the petitioner, on condition that the petitioner shall deposit the entire cheque amount to the credit of C.C.No.8325 of 2018 on the file of the trial Court, within a period of four weeks from the date of receipt of the order. Thereafter, the petitioner was unable to comply with the order within the time stipulated by this Court. 3. Now, the learned counsel for the petitioner seeks further time to comply with the order passed by this Court. 4. Considering the submissions made by the learned counsel for the petitioner, this Court grants further time to the petitioner to comply with the order passed by this Court in Crl.M.P.No.10491 of 2025 in Crl.R.C.No.696 of 2025 on or before 08.09.2025. Failing which, the order of suspension passed by this Court shall stand automatically cancelled without any reference to this https://www.mhc.tn.gov.in/judis Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 Court. The respondent is at liberty to take appropriate steps to secure the petitioner, in order to comply with the remaining period of sentence. The petitioner is permitted to withdraw the entire cheque amount to be deposited by the petitioner in accordance with law. 5. With the above directions, this Criminal Miscellaneous Petition is ordered. 28.08.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn https://www.mhc.tn.gov.in/judis Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 G.K.ILANTHIRAIYAN. J, mn To The I - Metropolitan Magistrate, Fast Track Court-I, Egmore, at Allikulam, Chennai. Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 28.08.2025 https://www.mhc.tn.gov.in/judis Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 G.K.ILANTHIRAIYAN, J. Today the matter is listed under the caption 'for being mentioned' at the instance of the learned counsel for the respondent. 2. The learned counsel for the respondent has brought to the notice of this Court that in the order dated 28.08.2025 passed in Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025, in Paragraph No.4, the words “The petitioner is permitted to withdraw the entire cheque amount to be deposited by the petitioner in accordance with law” have been erroneously stated instead of “The respondent is permitted to withdraw the entire cheque amount to be deposited by the petitioner in accordance with law”. 3. Accepting the submissions of the learned counsel for the respondent, the order dated 28.08.2025 passed in Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 in paragraph No.4, the words shall be corrected to read as “The respondent is permitted to withdraw the entire cheque amount to be deposited by the petitioner in accordance with law” 4. In all other aspects, the order dated 28.08.2025 passed in Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 shall remain unaltered. https://www.mhc.tn.gov.in/judis Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 5. Registry is directed to carry out the necessary correction in the order dated 28.08.2025 passed in Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 and issue a fresh order copy. 19.09.2025 Lpp Crl.M.P.No.16291 of 2025 in Crl.R.C.No.696 of 2025 https://www.mhc.tn.gov.in/judis