Ravi Prabhakar v. P.A.Joykuty
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Wednesday, the Ninth day of September Two Thousand Twenty PRESENT The Hon`ble Mr Justice P. N. PRAKASH CRIMINAL MISCELLANEOUS PETITION No.1546 of 2020 IN CRL RC.1282/2019 1 RAVI PRABHAKAR [ PETITIONER / APPELLANTS / ACCUSED ] MANAGING PARTNER, M/S.DHANISHKA 2 M/S.DHANISHKA REP. BY ITS MANAGING PARTNER, RAVI PRABHAKAR 3 ISHA RAVI Vs P.A.JOYKUTTY [ RESPONDENT / COMPLAINANT ] Petition praying that in the circumstances stated therein the High Court will be pleased to extend the time to pay the amount of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the credit of S.T.C.No.273/2016 on the file of the Learned Judicial Magistrate, Fast Track Court, Magisterial Level, Ambattur as ordered by this Hon'ble Court on 07.01.2020 in CRL.MP.NO.17785 of 2019 in CRL.R.C.1282 of 2019 Order : This petition coming on for orders upon perusing the petition and upon hearing the arguments of M/S.A.S.BAALAJI, Advocate for the petitioner and of M/S.V.P.SENGOTTUVEL Advocate on behalf of the Respondent the court made the following order:- This case is taken up through video conferencing. 2.
On 07.01.2020 in Crl.M.P.No.17785 of 2019 in Crl.R.C.No.1282 of 2019, this Court passed the following order: "Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.
2. Considering the facts and circumstances of the case, this Court directs the petitioner to deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the credit of S.T.C.No.273 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court, Magisterial Level, Ambattur, on or before 06.02.2020 and produce a receipt to that effect before this Court passing appropriate orders in the above miscellaneous petitioner seeking exemption from surrendering before the trial Court.
Post the matter on 07.02.2020, for reporting compliance."
3.
Crl.M.P.No.1546 of 2020 has been filed for extension of time for complying with the order dated 07.01.2020 in Crl.M.P.No.17785 of 2019 in Crl.R.C.No.1282 of 2019. 4.
Heard Mr.A.S.Baalaji, learned counsel for the petitioners and Mr.V.P.Sengottuvel, learned counsel for the respondent.
5.
The learned counsel for the respondent submitted that the petitioners are affluent persons and they are deliberately evading the payment in order to frustrate the claims of the respondent/complainant.
6.
Per contra, the learned counsel for the petitioners submitted that on account of COVID-19 pandemic situation, the petitioners were not able to mobilize the amount and hence, prayed for extension of time.
7.
Taking into consideration the rival submissions, this Court is of the view that interests of justice will be served if time is extended till 30.09.2020 for complying with the order dated 07.01.2020 in Crl.M.P.No.17785 of 2019 in Crl.R.C.No.1282 of 2019 and is ordered accordingly.
Post the matter on 01.10.2020, under the caption "for reporting compliance".
-sd/- 09/09/2020 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 JUDICIAL MAGISTRATE, (FAST TRACK COURT-MAGISTERIAL LEVEL), AMBATTUR.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE PRINCIPAL SESSIONS JUDGE, THIRUVALLUR.
C.C. to M/S.A.S.BAALAJI Advocate on payment of necessary charges Order in CRL MP.1546/2020 in CRL RC.1282/2019 Date :09/09/2020 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format MK:11/09/2020