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Madras High CourtCRL MP/4909/2021ordered

M/S. Siva Emu Farms v. The State Rep.By

2021-11-11Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.M.P.No.4909 of 2021 in Crl.O.P.No.3696 of 2021

1. M/s.Siva Emu Farms, Represented by Sivasenapathy Door No.3/286, Rangapalyam, Nachipalayam Post, Tiruppur.

2. M/s.Siva Agri Polutury Farms, Represented by Sivasenapathy, Door No.3/286, Rangapalyam, Nachipalayam Post, Tiruppur.

3. M/s.Siva Land Developers, Represented by Sivasenapathy, No.1, Sakthidevi Complex, Near Old Bus Stop, Dharapuram Road, Tiruppur.

4.Sivasenapathy 5.Mohanapriya Dharshini 6.Padhmavathy

...Petitioners

Versus

The State Represented by The Deputy Superintendent of Police, E.O.W.II, Coimbatore.

...Respondent

PRAYER: Criminal Miscellaneous Petition has been filed under Section 482 of the Code of Criminal Procedure to extend the time to deposit the amount as per order dated 24.03.2021 made in Crl.M.P.No.3872 of 2021 in Crl.O.P.No.3696 of 2021 by another 6 weeks from 19.04.2021.

Prayer in Crl.O.P.No.3696/2021:

Criminal Original Petition is filed under Section 482 of Criminal procedure Code, to set aside the order dated 12.02.2021 made in Crl.M.P.No.1434/2020 in C.C. No. 30/2013 on the file of Special Judge, Special Court under TNPID Act, Coimbatore by allowing the present Criminal Original Petition.

For Petitioners:

Mr.B.Kumarasamy For Respondent :

Mr.A.Damodaran Additional Public Prosecutor

ORDER

This Criminal Miscellaneous Petition has been filed to extend the time to deposit the amount as per order dated 24.03.2021 made in Crl.M.P.No.3872 of 2021 in Crl.O.P.No.3696 of 2021 by another 6 weeks from 19.04.2021.

2.Earlier in Crl.M.P.No.4909 of 2021 in Crl.O.P.No.3696 of 2021, this Court by order dated 17.04.2021 passed the following order:

"The learned counsel for the petitioners submitted that this Court, by order, dated 02.03.2021, permitted the petitioners to recall the witnesses by paying cost before the Court below. Thereafter, the petitioners have filed a petition for extension of time to deposit the amount as per the order of this Court dated 02.03.2021 by another four weeks. This Court by order dated 24.03.2021, extended the time by directing the petitioners to deposit a sum of Rs.5,00,000/- on or before 29.03.2021 and the rest of the amount of Rs.13,00,000/- should be paid on or before 19.04.2021. As per the order of this Court, the petitioner has deposited the amount of Rs.5,00,000/- and proof for the same is yet to be filed.

2.In the balance amount of Rs.13,00,000/-, the learned counsel for the petitioners seeks time to deposit Rs.7,00,000/- on or before 28.04.2021 without fail and the balance amount of Rs.6,00,000/- would be paid within a short period thereafter.

3.For making the payment of Rs.7,00,000/-, the case is adjourned to 29.04.2021. The petitioners are directed to make the payment of Rs.7,00,000/- before the Court below on or before 28.04.2021. It is made clear that no further extension of time would be entertained."

3.The counsel for the petitioners submits that with great difficulty, now only, the matter is listed and time granted by

this Court to deposit the amount before the trial Court had elapsed and the petitioners apprehend that the trial Court will not receive the amount. Hence, the abovesaid petition. 4.On instructions, the counsel for the petitioners submits that they are ready to deposit the entire balance amount of Rs.10,00,000/- on or before 18.11.2021 positively. 5.In view of the same, the Trial Court is directed to receive the entire balance amount of Rs.10,00,000/- as per order dated 17.04.2021 in Crl.M.P.No.4909 of 2021 in Crl.O.P.No.3696 of 2021 on 18.11.2021.

6.With the above direction, this Criminal Miscellaneous Petition is ordered and post the matter for reporting compliance on 22.11.2021.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Special Judge, Special Court under TNPID Act, Coimbatore.

2.The Deputy Superintendent of Police, E.O.W.II, Coimbatore.

3.The Public Prosecutor, High Court, Madras.

Crl.M.P.No.4909 of 2021 in Crl.O.P.No.3696 of 2021 SSN(CO) SP(12/11/2021)