Aruchamy v. Deputy Superintendent Of Police

Crl.M.P. No.2189 of 2023 in Crl.A.No.257 of 2018 R.N.MANJULA, J.

On 26.10.2022, while partly allowing the Criminal Appeal in Crl.A. No.257/2018, this Court has passed the following judgment: "... 16. In view of the above, the sentence imposed for the offence is reduced from one year to the period which is undergone by the appellant on condition that the petitioner shall pay a sum of Rs.25,000/- as compensation directly to the victim, within a period of four weeks from the date of receipt of a copy of this order by way of Demand Draft,, failing which, the sentence imposed by the trial Court shall stand restored. If the victim refused to receive the same, the appellant is directed to deposit the same to the credit of the trial Court and the same may be treated thereof as fine."

2. Now the learned counsel for the petitioner submitted that when he offered the sum of Rs.25,000/- which is ordered as compensation directly payable to the victim, she refused to receive the same and hence, the learned counsel for the petitioner seeks further time to deposit the said amount.

3. On perusal of the judgment dated 26.10.2022, it is clearly stated that if the victim refuses to receive the compensation amount, the same shall be deposited to the credit of the trial Court. But so far no steps have been taken by the petitioner to deposit the said amount. However, considering the earnest request made by the learned counsel for the petitioner, this Court is inclined to give one more opportunity to deposit the said sum.

4. Accordingly, this Criminal Miscellaneous Petition is ordered and the time granted to deposit the sum of Rs.25,000/- as stated in the judgment in Crl.A.No.257 of 2018 dated 26.10.2022, is further extended for a period of two weeks from today.

15.02.2023 Note to Office: Issue order copy by today.

bkn

R.N.MANJULA, J.

bkn Crl.M.P. No.2189 of 2023 in Crl.A.No.257 of 2018 15.02.2023