Madras High CourtCRL RC/1481/2017disposed of

Kamalam, F/A-54 Years v. Arumugam, M/A-55 Years

2018-01-11Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2018

CORAM

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.RC.No.1481/2017 & Crl.MP.No.14706/2017 Kamalam ..

Petitioner / Accused Vs.

1.Arumugam 2.State rep.by The Public Prosecutor ..

Respondents/ Complainant Criminal Revision filed under section 397 and 401 of the Code of Criminal Procedure against the judgment of the Principal District and Sessions Judge, Coimbatore in CMP.No.2365/2017 in Crl.A.No.284/2017 dated 20.09.2017 by the Principal District and Sessions Judge, Coimbatore, against the judgment of the Judicial Magistrate, Fast Track Court at Magisterial Level II, Coimbatore passed in CC.No.368/2014 dated 07.09.2017.(CC.No.204 of 2014 Judicial Magistrte, Coimbatore).

For Petitioner :

Mr.S.Rajesh For Respondents : Mr.M.Ganesan for R1 Mr.V.Arul, APP for R2

ORDER

This revision challenges the order of the learned Principal District and Sessions Judge, Coimbatore, dismissing CMP.No.2365/2017 in Crl.A.No.284/2017 where under order dated 20.09.2017, observing that the petitioner, who stands convicted for offence u/s.138 of the Negotiable Instruments Act, in case tried in CC.No.368/2014 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level II, Coimbatore, was not present before the Trial Court on the date of judgment and a Non-Bailable Warrant has been issued against her. Heard learned counsel for the petitioner ; learned counsel for the 1st respondent and learned Additional Public Prosecutor appearing for the 2nd respondent. Perused the materials on record.

This Court disposes of the present revision with the observation that it will be now open to the revision petitioner to seek recall of the Non-Bailable Warrant issued against her by Trial Court within a period of one week from the date of receipt of a copy of this order. Upon receipt of orders therein, it will be open to the petitioner to move a fresh https://hcservices.ecourts.gov.in/hcservices/

petition/application seeking suspension of sentence in Crl.A.No.284/2017 and the Appellate Court, shall consider the same on merits. The Appellate Court shall deal with the appeal before it as expeditiously as possible. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP To 1.The Judicial Magistrate, Fast Track Court at Magisterial Level I Coimbatore.

2.The Principal District and Sessions Judge Coimbatore.

3. The Public Prosecutor, High Court, Madras.

+2cc to Mr.Ganeshan, Advocate (SR.No.2467, 3453/2018) +1cc to Mr.S.Rajesh, Advocate (SR.No.2306/2018) br (25.01.2018) ksa (03.02.2018) Crl.RC.No.1481/2017 https://hcservices.ecourts.gov.in/hcservices/