CRL OP No. 22460 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 22460 of 2025 1. V.V.Home Makers (p) Ltd., Rep. by its chariman/managing director, MR.Veeraraghavan, Office at No.21/1, paragasupuram street, kodambakkam, chennai - 600 024. 2.Mr.Veeraraghavan S/o.Mr.Ramamurthy, Managing Director, V.V.Home Makers (P) Ltd., No.21/1, paragasupuram street, kodambakkam, chennai - 600 024. Petitioner(s) Vs 1. M/s.Aroshree Shelters Private Ltd., Represented by its managing director S.K.Aroraa Office at No.9 and 10, vaidya raman road, T-Nagar, chennai - 600 017. Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 22460 of 2025 PRAYER : Criminal Original Petition filed under section 528 of BNSS to call for the records pertaining to Crl.M.P.No.6 of 2025 in C.A.No.643 of 2025 passed by the VI Additional City Civil Court, chennai and set aside the order dated 14.07.2025 by allowing this petition. For Petitioner(s): Mr.K.Balasubramaniam ORDER This Criminal Original Petition has been filed to set aside the Order passed in Crl.M.P.No.6 of 2025 in C.A.No.643 of 2025 dated 14.07.2025 passed by the VI Additional Judge, City Civil Court, Chennai. 2. The petitioner had suffered conviction by the judgment of the trial Court dated 29.04.2025 in C.C.No.731 of 2017 and sentence him to undergo simple imprisonment of six months and to pay a compensation of Rs.20 lakhs for the offence under section 138 of the Negotiable Instruments Act. As against which he had preferred an appeal before the IV Additional Sessions Judge, Chennai in C.A. No.643 of 2025. When he moved a petition for suspension of sentence., the appellate Court had directed the petitioner to pay the https://www.mhc.tn.gov.in/judis CRL OP No. 22460 of 2025 compensation of Rs.20 lakhs as required under law within a period of 60 days. However, the said amount has not been paid in time. In the meanwhile, the petitioner had moved before this Court in Crl.O.P.No.20168 of 2025 for extension of time. This Court by an Order dated 18.07.2025 had extended three weeks time to deposit 20% of the compensation as directed the first appeallate Court. Thereafter, the amount has been deposited on 30.07.2025 before the III Fast Track Court, Saidapet. A copy of the challan issued by the concerned Court is also placed before this Court. The petition filed by the petitioner to dispense his personal appearance under section 355 of BNSS has been dismissed by the appellate Court on the ground that 20% amount has not been deposited, which resulted in issuance of warrant. This Order has been passed on 14.07.2025. 3. It is relevant to note that extension of time has been granted by this Court on 18.07.20205. The appeallate Court has passed the Order on.14.07.2025. In such view of the matter, the Order of the appellate Court requires to be set aside. https://www.mhc.tn.gov.in/judis CRL OP No. 22460 of 2025 4. Accordingly this Criminal Original Petition is allowed. The Order of the appellate Court in Crl.M.P.No.6 of 2025 in C.A.No.643 of 2025 dated 14.07.2025 is set aside. If the warrant has already been issued, the appellate Court shall recall the warrant. 13-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No vrc To 1. The VI Additional Judge, City Civil Court, Chennai. 2. Metropolitan Magistrate, Fast Track Court – III, Saidapet, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 22460 of 2025 N.SATHISH KUMAR J. vrc CRL OP No. 22460 of 2025 13-08-2025 https://www.mhc.tn.gov.in/judis