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Madras High CourtCRL OP/11301/2022disposed of

Karthikeyan v. Arjunan

2022-06-07Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR CRL.O.P.NO.11301 OF 2022 Karthikeyan ... Petitioner .Vs.

Arjunan ... Respondent PRAYER:- This Criminal Original Petition filed under Section 482 Cr.P.C. to issue direction, directing the Judicial Magistrate (Fast Track Court), Kallakurichi to issue certified copies of the judgment in C.C.No.99 of 2019 dated 30.03.2022 in copy application No.37 of 2022 filed on 05.04.2022 and returned on the same day, as required by the petitioner on payment of cost to file criminal appeal to meet the ends of justice. For Petitioner :

Mr.M.Baskaran For Mr.C.Sivanesan

ORDER

This Criminal Original Petition has been filed to direct the Judicial Magistrate (Fast Track Court), Kallakurichi to issue certified copies of the judgment in C.C.No.99 of 2019 dated 30.03.2022 in copy application No.37 of 2022 filed on 05.04.2022 and returned on the same day, as required by the petitioner on payment of cost to file criminal appeal.

2. Heard Mr.C.Sivanesan, learned counsel appearing for the petitioner.

3. Admittedly, the petitioner was convicted and under Section 138 of Negotiable Instruments Act and sentenced below three years. Since, he was not appeared on the date of the judgment, Non Bailable Warrant was issued by the learned Judicial Magistrate (Fast Track Court), Kallakurichi against the petitioner and pronounced the judgment convicting the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. Such being a position, this Court directs the petitioner to surrender before the trial Court and file an application for suspension of sentence. On such application is filed, the same shall be decided on merits on the very same day by the trial Court. On the date of his surrender, the trial Court itself is directed to issue the certified copy of the judgment to the petitioner.

5. Registry is directed to return the original copy application filed before the trial Court annexed with the type set to the petitioner.

6. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar rgi/shk To 1.

The Judicial Magistrate (Fast Track Court), Kallakurichi.

2.

The Public Prosecutor, Madras High Court, Chennai.

Copy To:- The Section Officer, Criminal Section, High Court, Madras - 104.

+1cc to Mr.M.Baskaran, Advocate, S.R.No.32340 CRL.O.P.NO.11301 OF 2022 GP(CO) PBS/15/06/2022 https://hcservices.ecourts.gov.in/hcservices/