Madras High CourtCRL RC/777/2015disposed of

V.Jeevanandham v. Gomathi

2015-10-12Honourable Mr Justice B. Rajendran2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.10.2015 Coram THE HONOURABLE MR. JUSTICE B. RAJENDRAN Criminal Revision Petition No.777 of 2015 and MP.Nos.1 and 2 of 2015 V.Jeevanandham .. Petitioner/Respondent

Versus

1. Gomathi

2. J.Preshetha

3. J.Kaushik .. Respondents/Petitioner Criminal Revision Petition filed under Section 397 and 401 of Cr.P.C. against the order passed by the learned IX Metropolitan Magistrate, Saidapet, Chennai in M.C.No.83 of 2012 dated 11.6.2015.

For Petitioner :

Mr.G.Karthikeyan For respondent :

Mr.P.Sesubalan Raja

ORDER

The revision has been filed against the order dated 11.6.2015 passed by the IX Metropolitan Magistrate, Saidapet, Chennai in MC.No.83 of 2012.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents and perused the materials available on record.

3. This Court, by order dated 31.7.2015, directed the petitioner to deposit a sum of Rs.5,00,000/- to the credit of M.C.No.83 of 2012 on the file of the learned IX Metropolitan Magistrate, Saidapet, Chennai.

4. Today, when the Criminal Revision case is taken up for hearing, after elaborate argument, the learned counsel for the petitioner has produced a cheque for Rs.2,80,000/- to the first respondent towards arrears, without prejudice the contention raised and the same has been accepted by the respondents.

5. It is seen that as per the earlier direction of this Court, the petitioner has to deposit a sum of Rs.5,00,000/- (Rupees Five lakhs only). Since the petitioner has now given a cheque for Rs.2,80,000/-, the petitioner is directed to give the remaining amount on or before 06.11.2015 by way of Demand Draft/cheque directly to the first respondent in her name. https://hcservices.ecourts.gov.in/hcservices/

6. Since Crl.Appeal No.106 of 2014 is pending, the Principal IV Additional Sessions Judge, Chennai, is directed to dispose of the same within a period of six months from the date of receipt of a copy of this order. Till then, the petitioner is directed to pay a sum of Rs.15,000/- per month to the first respondent towards maintenance, without fail.

7. With the above direction, the Criminal revision case is disposed of. Consequently, connected miscellaneous petitions are closed. It is made clear that this order is passed without prejudice to the contention raised by both sides. The learned Principal IV Additional Sessions Judge, Chennai is directed to try the case independently and pass appropriate orders on merits and in accordance with law.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ga TO

1. The IX Metropolitan Magistrate, Chennai.

2. -do- Through The Chief Metropolitan Magistrate, Chennai.

3. The Principal IV Additional Sessions, Judge, Chennai. Crl RC No.777 of 2015 KK(CO) Eu 02.11.15 https://hcservices.ecourts.gov.in/hcservices/