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Madras High CourtCRL RC/444/2020dismissed as infructuous

S.Dhanam Trust v. Vadivel

2022-12-05Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2022

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN and Crl.M.P.No.3549 of 2020

1. S.Dhanam Trust, VOC Nagar, Near Gayathri Matric Hr. Sec. School, Chinnamanur - 625 515 Theni District.

2. Deepa

3. Lakshmanan ... Petitioners Vs.

1. Vadivel S/o, Mr.K.Ramasamy Proprietor Senniyandavar Electricals, Dharapuram Road, K.Chetty Palayam, Tiruppur District.

2. The State rep. By The Public Prosecutor, O/o the Public Prosecutor, District Sessions Court, Tiruppur.

... Respondents 1/5

Prayer:

Criminal Revision Case is filed under Section 397 r/w 401 of Cr.P.C., to call for the records pertaining to the order dated 27.02.2020 made in Cr.M.P.No.300 of 2020 in C.A.No.11 of 2020 on the file of the Principal Sessions Judge, Tiruppur (now made over to II Additional District Court, Tiruppur) and to set aside the same.

For Petitioner : M/s.Kanmani Annamalai For R1 : Mr.V.P.Sengottuvel For R2 : Mr.R.Murthi Government Advocate (Criminal Side) *****

O R D E R

This Criminal Revision Case has been filed against the order dated 27.02.2020 passed in Crl.M.P.No.300 of 2020 in C.A.No.11 of 2020 on the file of the Principal Sessions Court, Tiruppur. 2/5

2. The first respondent/complainant filed a complaint under Section 138 of the Negotiable Instruments Act against the petitioners herein/accused in C.C.No.530 of 2015 on the file of the Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur. After trial, the learned Magistrate, convicted the petitioners vide order dated 28.01.2020. Aggrieved over the conviction and sentence passed by the learned Magistrate, petitioners filed an appeal in C.A.No.11 of 2020 on the file of the learned Principal District Judge, Tiruppur and the same was pending. During the pendency of Criminal Appeal, the petitioners filed a petition in Crl.M.P.No.300 of 2020, seeking interim suspension and the same was dismissed by the learned Principal Sessions Judge, Tiruppur. Aggrieved over the order of dismissal dated 27.02.2020 passed in Crl.M.P.No.300 of 2020 in C.A.No.11 of 2020 on the file of the Principal Sessions Judge, Tiruppur, the petitioners filed the present Criminal Revision Case before this Court.

3. Today when the matter is taken up for hearing, both the learned counsel appearing on either side admitted that the Criminal Appeal in C.A.No.11 of 2020 on the file of the Principal Sessions Judge, Tiruppur was heard and the same was reserved for judgment. 3/5

4. In view of the above submission made by the learned Counsel on either side, nothing survives for further adjudication in the Criminal Revision Case. Accordingly, the Criminal Revision Case is dismissed as infructuous. Consequently, connected miscellaneous petition is also closed. 05.12.2022 mfa Index:yes/No Internet:yes/No To

1. The Principal Sessions Court, Principal Sessions Judge, Tiruppur.

2. The II Additional District Judge, II Additional District Court, Tiruppur.

3. The Judicial Magistrate, Fast Track Court at Magisterial Level, Tiruppur.

4. The Public Prosecutor, O/o the Public Prosecutor, District Sessions Court, Tiruppur.

4. The Public Prosecutor, High Court, Chennai.

4/5

P.VELMURUGAN , J.

mfa and Crl.M.P.No.3549 of 2020 05.12.2022 5/5