S.Vimalkumar v. P.Gunasekaran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29-06-2026
CORAM
THE HON'BLE MR.JUSTICE SHAMIM AHMED in CRL RC SR NO. 98284 OF 2025 S.Vimalkumar S/o.Sudalaimuthu, No.4/46, Vazhavantha Amman Temple Street, Manimurthispuram, Tirunelveli, Working Address Govt High School, Kathivakkam, Ennore, Chennai 57.
..Petitioner(s) Vs P.Gunasekaran S/o.M.Balasubramaniam, 36/7, Pillayar Koil Street, Sooriyampalayam Post Office, Thiruchengode Taluk, Namakkal District.
..Respondent(s) Crl.M.P.No.6275 of 2026: To condone the delay of 1001 days in filing Revision against the Judgment in C.A.No. 72/2020 by the learned Sessions Judge, Special Court for Trial of cases under the SC/ST(POA) Act, Namakkal on 08.12.2022, and thus render justice.
Crl.RC.SR.No.98284 of 2025: To call for the records and set aside the Judgment in C.A.No.72 of 2020 dated 08.12.2022 passed by the learned
Sessions Judge, Special Court for Trial of Cases under the SC/ST (POA) Act, Namakkal, confirming the Judgment in STC.No.211 of 2016 dated 06.12.2017 passed by the learned Judicial Magistrate (Fast TrackCourt), Tiruchengode. For Petitioner(s):
Mr. S.Lal Devasagayam For Respondent(s):
M/s. R.Hemalatha
ORDER
This petition is filed to condone the delay of 1001 days in filing the present Criminal Revision Case.
2. In compliance of the order dated 10.06.2026, learned counsel for the petitioner submitted that he has brought a demand draft for Rs.54,804/-, dated 29.06.2026, bearing Draft No.12518 in favour of the respondent P.Gunasekaran. He further submitted that earlier, the petitioner had deposited Rs.50,000/- before the trial court on 02.12.2020.
3. He also submitted that pursuant to the garnishee proceedings, a sum of Rs.10,028/- per month for seven months, aggregating to Rs.70,196/- has been recovered from the petitioner's salary and paid towards the compensation awarded by the trial court. In compliance of the order dated 10.06.2026, total amount of Rs.1,75,000/- has been paid to the respondent and no amount is due against the petitioner. Thus he submitted that since the order has been complied
with, the application for condoning the delay in filing the present criminal revision may be ordered and the present Criminal Revision may also be decided in terms of Section 147 of the Negotiable Instruments Act.
4. The original draft for sum of Rs.54,804/- is being handed over to the counsel for the respondent today in the court and the photostat copy of the same is taken on record .
5. Learned Counsel for the respondent R. Hemalatha, submitted that now the entire amount of Rs.1,75,000/- has been received by the respondent and there is no amount due, thus she submitted that she has no objection in allowing this application and the Criminal Revision may also be decided in terms of exercising power under section147 of the Negotiable Instruments Act.
6. Accordingly, in view of the submissions made by the learned counsel for the petitioner as well as the respondent, the delay of 1001 days in filing the Criminal Revision Case is hereby condoned.
7. The Office is directed to allot regular number to Criminal Revision today itself and post the Criminal Revision for final disposal on 08.07.2026.
8. The Respondent is directed to move an application before the trial court for withdrawal of Rs.50,000/- deposited by the petitioner on 02.12.2020 within a period of two weeks from today. If any such application is filed, the trial court
is directed to release the amount of Rs.50,000/- in favour of the respondent within three weeks thereafter.
9. On the next date of hearing, the parties shall file Memo of Compromise as they submitted that the parties have entered into a settlement. 29.06.2026 msr To The Sessions Judge, Special Court for Trial of Cases under the SC/ST (POA) Act, Namakkal.
SHAMIM AHMED, J.
msr in CRL RC SR NO. 98284 OF 2025 29-06-2026