R.Hariharan, Aged 37 Years, v. P.Udhayakumar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2023

CORAM:

The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP P.Hariharan

...Petitioner/Appellant/

Accused -VsP.Udhayakumar

...Respondent/Respondent/

Complainant Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C, to set aside the conviction and sentence imposed upon the Petitioner herein by order dated 03.10.2016 passed in S.T.C.No.97 of 2016 on the file of the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode, and confirmed the order dated 25.04.2018 passed in C.A.No.27 of 2016 on the file of the learned Principal Sessions Judge, Namakkal.

For Petitioner : Mr.V.Balamurugane For Respondent : No appearance 1/4

O R D E R

When the case came up for hearing on earlier occasion, there was no representation for both parties. Therefore, this Court, as per the order dated 24.08.2023, directed the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode, to offer remarks whether any amount had been deposited before the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode, in S.T.C.No.97 of 2016 dated 03.10.2016.

2. Accordingly, the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode, had offered remarks in letter in D.No.1220 of 2023 dated 28.08.2023. As per the letter of the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode, the Complainant had filed a memo to his Counsel for the receipt of Rs.1 lakh from the Accused.

3. On perusal of the records, it is found that the cheque involved in the case was for Rs.2,75,000/-. The learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode, had mechanically convicted the Accused for six months of simple imprisonment and imposed fine of Rs.5,000/- instead of the cheque amount. The learned Principal Sessions Judge, Namakkal, 2/4

had also dismissed the Appeal by judgment in Crl.A.No.27 of 2016 dated 25.04.2018 and confirmed the judgment of the learned Judicial Magistrate, Fast Track Court (ML), Tiruchengode.

4. The Complainant had not approached this Court by way of any representation.

5. In the light of the above, this Criminal Revision Case stands dismissed.

31.08.2023 cda NOTE: Issue Order Copy by 31.08.2023 To 1.The Judicial Magistrate, Fast Track Court (ML), Tiruchengode.

2.The Principal Sessions Judge, Namakkal.

3.The Section Officer, VR Records, High Court, Chennai.

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SATHI KUMAR SUKUMARA KURUP, J., cda 31.08.2023 4/4