Kandasamy v. S.Sureshkumar

Bail Slip The Accused viz., Kandasamy was enlarged on bail on 14/06/2012 made in Crl.M.P.No.1 of 2012 in Crl RC No.394 of 2012 passed by the Hon'ble High Court, Madras.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.06.2019

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.R.C.No.394 of 2012 Kandasamy .. Petitioner/Appellant/Accused Vs.

S.Sureshkumar .. Respondent/Respondent/Complainant Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the judgment dated 12.11.2011 in C.A.No.7 of 2010 on the file of Additional District Judge, Namakkal (Fast Track Court) confirming the conviction and sentence imposed upon the petitioner in the judgment dated 29.12.2009 in STC No.4051 of 2006 on the file of Judicial Magistrate, Tiruchencode.

For Petitioner : Mr.S.Kalyanaraman For Respondents: Notice not served

O R D E R

This Criminal Revision has been filed against the judgment dated 12.11.2011 in C.A.No.7 of 2010 on the file of Additional District Judge, Namakkal (Fast Track Court) confirming the conviction and sentence imposed on the petitioner by the judgment dated 29.12.2009 in STC No.4051 of 2006 on the file of Judicial Magistrate, Tiruchencode.

2. Notice not served on the respondent. Despite several opportunities given to the revision petitioner, he has not taken any effective steps to serve notice on the respondent and he is enjoying the benefit of the suspension of sentence. Since the petitioner has not taken effective steps, this Court is inclined to revoke the suspension of sentence granted by this Court on 14.06.2012.

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3. Even though the petitioner has not taken any steps to serve the notice on the respondent for the past seven years, this Court permitted the petitioner to take private notice, whereas, he has not given any postal receipt or any proof of service.

4. In the circumstances, this Court finds that there is no fair on the part of the revision petitioner. This Criminal Revision Case shall stand dismissed for default. The trial Court is directed to take effective steps to secure the revision petitioner/accused to undergo the remaining period of sentence imposed by the learned Magistrate on 29.12.2009 in S.T.C.No.4051 of 2006.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar KMI To 1.The Judicial Magistrate, Tiruchencode.

2. The Additional District Judge, Namakkal (Fast Track Court).

3. The Chief Judicial Magistrate, Salem +1cc to Mr.S.Kalyanaraman, Advocate SR.No.46745 Crl.R.C.No. 394 of 2012 CP(CO) GMY(10/07/2019) https://hcservices.ecourts.gov.in/hcservices/