Madras High CourtCRL RC/924/2024disposed of with direction

K. Arul v. V.Kumar

2024-07-26Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and Crl.M.P.No.7873 of 2024 K.Arul ... Petitioner Vs.

V.Kumar ... Respondent PRAYER : Criminal Revision Petition filed under Sections 397 and 401 Cr.P.C, to set aside the order dated 10.05.2023 passed in C.M.P.No.2432 of 2023 in S.T.C.No.655 of 2019 by the learned Judicial Magistrate, Arni, Thiruvannamalai District.

For Petitioner :

Mr.G.Pavendhan For Respondent :

Mr.A.Devnarenderan

O R D E R

The Criminal Revision Case has been filed challenging the order dated 10.05.2023 passed in C.M.P.No.2432 of 2023 in S.T.C.No.655 of 2019 by the learned Judicial Magistrate, Arni, Thiruvannamalai District.

2. The case of the petitioner is that the petitioner is the accused in S.T.C.No.655 of 2019 which was filed by the respondent before the learned Judicial Magistrate, Arni, Thiruvannamalai District and during the pendency of the case, the respondent/complainant filed a petition under Section 143A of Negotiable Instruments Act seeking interim compensation of 20% of the cheque amount and the trial Court has allowed the petition vide impugned order dated 10.05.2024 directing the petitioner to pay 20% of the cheque amount (i.e.,) Rs.1,00,000/- to the respondent/complainant. Challenging the same, the present petition has been filed.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner submits that the petitioner is ready to deposit the interim compensation of Rs.1,00,000/- as ordered by the trial Court to the credit of S.T.C.No.655 of 2019 on the file of the learned Judicial Magistrate, Arni, Tiruvannamalai District, however, the said amount may not be disbursed to the respondent, since the petitioner/accused has a fair chance to disprove the case of the respondent and in the event of the petitioner succeeding the case, it is not possible for him to realize the amount.

4. The learned counsel appearing for the respondent has no serious objection to the submission made by the learned counsel appearing for the petitioner.

5. Since the petitioner himself is ready to deposit the interim compensation of Rs.1,00,000/- (Rupees One Lakh only) to the credit of S.T.C.No.655 of 2019 on the file of the learned Judicial Magistrate, Arni,

Tiruvannamalai District, as ordered by the trial Court vide impugned order dated 10.05.2024, no interference is required with the impugned order dated 10.05.2024 passed by the learned Judicial Magistrate, Arni, Tiruvannamalai District in C.M.P.No.2432 of 2023 in S.T.C.No.655 of 2019. However, the trial Court is directed to dispose of S.T.C.No.655 of 2019 within a period of three months from the date of receipt of a copy of this order.

6. Accordingly, the Criminal Revision Case is disposed of. 26.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb To The learned Judicial Magistrate, Arni, Thiruvannamalai District.

M.DHANDAPANI, J.

ssb 26.07.2024