Dismissed¶22

D.S.Engineering, v. Karunanithi

Madras HC28 Jan 2026CRL MP/1137/2026

Case brief

AI extract

What is this about?

Extension of time refused; suspension of sentence vacated for non-compliance with deposit condition; deposit Rs.3,00,000/-; cheque amount Rs.15,00,000/-; Section 528 BNSS, 2023; Crl.M.P.No.1137 of 2026; Crl.M.P.No.21475 of 2025 (order dated 17.11.2025); Crl.M.P.No.18510 of 2025 (order dated 06.10.2025); Crl.R.C.No.1924 of 2025; D.S.Engineering; Sathyanarayanan; Karunanithi; execution of impugned Judgment; Chengalpattu; High Court of Judicature at Madras; Sunder Mohan; 28.01.2026.

What did the court decide?

None; the extension of time sought was refused, and the order dated 06.10.2025 in Crl.M.P.No.18510 of 2025 granting suspension of sentence was vacated with liberty to the respondent to seek execution of the impugned Judgment. ¶22

D.S.Engineering, Vs Karunanithi — Madras HC (2026) — LawSathi Research

¶1

Crl.M.P.No.1137 of 2026

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED : 28.01.2026

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE SUNDER MOHAN

¶6

Crl.M.P.No.1137 of 2026 in Crl.R.C.No.1924 of 2025

¶7

D.S.Engineering rep by its Proprietor Sathyanarayanan, S/o.Durairaj, Mamallapuram Salai, Kanakoilpettai, Thirukazhukundram Taluk, Chengapattu District.

¶8

.. . Petitioner Vs.

¶9

Karunanithi ... Respondent

¶10

Prayer: Criminal Miscellaneous Petition filed under Section 528 of the BNSS, 2023 to extend the time of two weeks given by this Hon’ble Court in para 3 of the order dated 17.11.2025 in Crl.M.P.No.21475/2025 in Crl.R.C.No.1924/2025.

¶11

For Petitioner : Mr.G.Mageshkumar For Respondent : Mr.R.T.Vijayaraaghavan

¶12

1/4

¶13

https://www.mhc.tn.gov.in/judis

¶14

Crl.M.P.No.1137 of 2026

¶15

O R D E R

¶16

The petitioner was granted suspension of sentence on 06.10.2025

¶17

on the condition that the petitioner should deposit Rs.3,00,000/- within a period of four weeks. The petitioner had not complied with the said condition. Hence, he filed Crl.M.P.No.21475 of 2025, which was ordered on 17.11.2025 granting two weeks time to make the said deposit. The petitioner had not made the deposit even within the extended time. The petitioner has now filed the instant application, one month after the expiry of the time on 05.01.2026, seeking extension of time to comply with the said condition.

¶18

2.The learned counsel for the petitioner would submit that the petitioner has suffered a cardiac problem and it is feasible for him to deposit only Rs.1,00,000/-.

¶19

3.Admittedly, the cheque amount is Rs.15,00,000/-. In the order granting suspension of sentence, this Court has observed that if the petitioner fails to comply with the condition, the order granting suspension of sentence shall stand vacated without reference to this 2/4

¶20

https://www.mhc.tn.gov.in/judis

¶21

Crl.M.P.No.1137 of 2026 Court. In spite of several opportunities being given to the petitioner, the petitioner has failed to comply with the said condition. Hence, the order of this Court dated 06.10.2025 in Crl.M.P.No.18510 of 2025, granting suspension of sentence is vacated, and it is open to the respondent to seek execution of the impugned Judgment.

¶22

4.Accordingly, the Criminal Miscellaneous Petition is dismissed.

¶23

28.01.2026

¶24

Index : Yes/No Internet : Yes/No Neutral Citation : Yes/No Speaking order/Non-speaking order Tsg

¶25

¶26

1.The Principal District and Sessions Judge, Chengalpattu. 2.The Judicial Magistrate No.I, Chengalpattu.

¶27

3/4

¶28