Petitioner seeking extension of time to deposit cheque amount and execute bond due to illness and lack of funds. Court grants four weeks extension based on affidavit but clarifies no further time will be granted.
Grant of further time of four weeks to comply with conditions of depositing 50% cheque amount and executing a bond.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction )
Tuesday, the Thirteenth day of November Two Thousand Eighteen
PRESENT
The Hon`ble Mr Justice V.PARTHIBAN
CRIMINAL MISCELLANEOUS PETITION No.14966 of 2018
IN CRL RC.1128/2018
SUDHAKARAN NAIR [ PETITIONER / APPELLANT / ACCUSED ]
Vs
M/S.ARJUNAMARAVATHI CHITS PVT LTD, [ RESPONDENT ] REPRESENTED BY ITS AUTHORIZED SIGNATORY,
MR.T.BHUVARAGHAMURTHY.
Petition praying that in the circumstances stated therein the High Court will be pleased to extend the time granted by this Hon'ble Court in order in Crl.RC.No.1128 of 2018 dated.04.10.2018 to execute the bail condition before the Hon'ble Fast Track Court Metropolitan Magistrate No.IV, George Town, Chennai and to enlarge this petitioner on bail.
Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.P.UMA, Advocate for the petitioner, the court made the following order:-
Earlier, this Court by its order dated 04.10.2018 in Crl.M.P.No.13156 of 2018, has directed the petitioner to deposit 50% of the cheque amount i.e., Rs.3,10,000/- within a period of four weeks from the date of receipt of a copy of that order to the credit of C.C.No.1528 of 2011, on the file of the learned Metropolitan Magistrate, Fast Track Court No-IV, George Town, Chennai, failing which, the suspension of substantive sentence of imprisonment alone, shall stand automatically vacated, without any further reference to this Court and this Court further imposed a condition that the petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties each for a like sum to the satisfaction of learned Metropolitan Magistrate, Fast Track Court No-IV, George Town, Chennai and on further condition that the petitioner shall appear before the said Court on the first working day of every month at 10.30 a.m., pending revision.
2. According to the learned counsel for the petitioner that the above said conditions have not been complied with by the petitioner, in view of the hospitalization of the petitioner for his illness and also he was unable to cough up the funds for depositing 50% of the cheque amount as directed by this Court. Therefore, the petitioner seeks further time of four weeks for https://hcservices.ecourts.gov.in/hcservices/ complying with the conditions.
3. Considering the averments contained in the affidavit filed in support of this petition and this Court being satisfied with the explanation made on behalf of the petitioner, a further time of four weeks is granted from today for complying with the conditions as imposed by this Court vide order dated 04.10.2018 in Crl.M.P.No.13156 of 2018. It is made clear that no further time would be granted to the petitioner under any circumstances. The petitioner is directed to comply duly with the conditions within the time as stipulated by this Court in this order.
-sd/-
13/11/2018
This order, on being produced, be punctually observed and carried
into execution by all concerned
TRUE COPY
Sub-Assistant Registrar (Statistics/C.S.)
High Court, Madras - 600 104.
TO
1 THE VI ADDITIONAL JUDGE,
CITY CIVIL COURT, CHENNAI.
2 THE METROPOLITAN MAGISTRATE,
FAST TRACK COURT NO.IV,
GEORGE TOWN, CHENNAI.
3 THE CHIEF METROPOLITAN MAGISTRATE,
EGMORE, CHENNAI [FOR INFORMATION]
+1C.C. to M/S.P.UMA Advocate on payment of necessary charges
SR NO.21146
Order in CRL MP.14966/2018 in CRL RC.1128/2018 Date :13/11/2018
From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format
MK:13/11/2018
1 issue framed by the court
Whether the petitioner be granted an extension of time to comply with existing bail conditions.
Sudhakaran Nair
M/s.Arjunamaravathi Chits Pvt Ltd
V. Parthiban
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
