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Madras High CourtCRL RC/305/2019dismissed

M/S.Thangappa Firms v. G.Karthikeyan

2019-03-12Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2019

CORAM:

THE HON'BLE MR.JUSTICE P.VELMURUGAN Crl.R.C.Nos.305 to 308 of 2019 and CRL.MP.Nos.3665 & 3670 of 2019 M/s.Thangappa Firms, Proprietor, C.Chinraj Nall Road, Erode Road, Perundurai, Erode District.

...Petitioner/Respondent/

Complainant in Crl.RC.305/2019 & 307/2019 Vs.

G.Karthikeyan

...Respondent/Appellant/

Accused in Crl.RC.305/19 & 307/2019 M/s.Thangappa Firms Proprietor C.Chinrai, M/52 Nall Road Erode Road Perundurai Erode District ...petitioner/Respondent/ Respondent in Crl.RC.No.

306/2019 & 308/2019 G.Karthikeyan M/40 S/o.Govindasamy Proprietor Shri BalajiWealth Management D.No.60/61, Selvam Nagar, Erode-648 011

...Respondent/Petitioner/

Appellnt in Crl.RC.No.306/2019 & 308/2019 Prayer in Crl.RC.No.305/2019:- Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the Judgment of C.A.No.102/2016 dated 04.01.2019 on the file of IV Additional District and Sessions Judge, Erode District at Bhavani by remanding the matter to the trial Court filed against the judgment dated 25.04.2016 passed in STC.No.448/2013 on the file of Judicial Magistrate (FTC-II) Erode and to allow the above Criminal Revision.

Prayer in Crl.RC.No.306/2019:- Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the order dated 04.01.2019 passed in CMP.No.95 of 2016 on the file of IV Additional District and Sessions Judge, Erode District at Bhavani and to allow the above Criminal Revision. Prayer in Crl.RC.No.307/2019:- Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the Judgment of C.A.No.101/2016 dated 04.01.2019 on the file of IV Additional District and Sessions Judge, Erode District at Bhavani by remanding the matter to the trial Court filed against the judgment dated 25.04.2016 passed in STC.No.447/2013 on the file of Judicial Magistrate (FTC-II) Erode and to allow the above Criminal Revision.

Prayer in Crl.RC.No.308/2019:- Criminal Revision filed under Sections 397 and 401 Cr.P.C., praying to set aside the order dated 04.01.2019 passed in CMP.No.130 of 2016 in C.A.No.102/2016 on the file of IV Additional District and Sessions Judge, Erode District at Bhavani and to allow the above Criminal Revision. For Petitioner : R.Nalliyappan *** C O M M O N O R D E R These Criminal Revision Cases have been filed to set aside the order dated 04.10.2019 passed in C.A.Nos.101 of 2016, 102 of 2019 and CMP.Nos.95 & 130 of 2016 in C.A.Nos. 101 & 102 of 2016 respectively on the file of the learned IV Additional District and Sessions Judge, Erode District, Bhavani.

2. The Revision petitioner is the complainant and the respondent is the accused. The revision petitioner filed private complaints under Sections 200 Cr.P.C., for the offence under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate (FTC II), Erode in STC.Nos.447 and 448 of 2013. After trial, the learned Judicial Magistrate found guilty of the respondent herein for the offence under Section 138 of Negotiable Instruments Act and convicted and sentenced him to undergo one year Simple Imprisonment and fine of Rs.5,000/-, in default, one month Simple Imprisonment, against which, the respondent herein/accused filed the appeals before the learned Principal District and Sessions Judge, Erode District at Bhavani in Crl.A.Nos.101 & 102 of 2016.

During the pendency of the above appeals, the respondent filed petitions under Sections 391 Cr.P.C., to record the Additional evidence in CMP Nos.95 & 130 of 2016. The learned IV Additional District and Sessions Judge, Erode, after hearing the arguments, allowed both CMP Nos.

to the trial Court for fresh consideration, against which, the complainant preferred the present revisions.

3. The learned counsel for the petitioner would submit that the cases were pending from the year 2011 and he has filed two petitions to transfer the cases from one place to another and the same were dismissed on 21.03.2016. Therefore, the orders passed by the Court below warrant interference.

4. Heard the learned counsel for the petitioner and perused the materials on record.

5. The revision petitioner filed two private complaints and the same were taken on file in STC.447 and 448 of 2013. After trial, the learned Judicial Magistrate, (FTC II), Erode convicted the accused for the offence under Section 138 of Negotiable Instruments Act and sentenced as stated above. Against the said order, the respondent herein/accused filed the appeals before the learned Principal District and Sessions Judge, Erode District at Bhavani in Crl.A.Nos.101 & 102 of 2016. During the pendency of the above appeals, the respondent filed petitions under Sections 391 Cr.P.C., to record the Additional evidence in CMP Nos.95 & 130 of 2016. Though PW-1 was examined in the year 2011, the case was disposed of only in the year 2016, but he has not taken any steps to record the additional evidence.

The only intention of the respondent/accused is to drag on the proceedings, hence, filed the petitions under Section 391 Cr.P.C., before the court below. The Appellate Court, considered all the aspects, felt that the additional evidence yet to produce is necessary to decide the appeals. Therefore, the Appellate Court considered that an opportunity should be given to the respondent/accused to enable him to prove his defence. Hence, the Appellate Court allowed the appeals by setting aside the order passed by the trial Court and remanded back to the trial Court for fresh consideration.

6. In view of the above, this Court finds no perversity in the order passed by the Appellate Court in both appeals and these Criminal Revision Cases are liable to dismissed. Accordingly, these Criminal Revision Cases are dismissed at the admission stage itself. However, the trial Court is directed to consider the documents mentioned in the petitions filed under Section 391 Cr.P.C., before the Appellate Court and complete the trial within a period of three months from the date of receipt of a copy of this order and dispose of all the complaints in

STC.No.447 & 448 of 2013 in accordance with law. Consequently, connected miscellaneous petitions are also closed. Sd/- Asst.Registrar (CS VIII) /true copy/ Sub Asst. Registrar kmi To 1.The Judicial Magistrate, Fast Track Court - II, Erode.

2.The IV Additional District Judge, and sessions Judge Erode District.

+4 ccs to Mr.R.Nalliyappan Advocate sr 23265, 23268,23269 & 23270 Crl.R.C.No.305 to 308 of 2019 aa21/01/2020