Akila Jobby v. K.R.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED in CRL RC SR. 28434 OF 2026 Akila Jobby ..Petitioner(s) Vs K.R.Suresh ..Respondent(s) PRAYER- This Criminal Miscellaneous Petition is filed under Section 5 of the Limitation Act, 1963, to condone the delay of 128 days in filing the Criminal Revision Petition against the conviction and sentence made in Criminal Appeal No. 153/2021 on the file of the V Additional District and Sessions Court, Coimbatore dated 25.08.2025 in confirming the conviction made in C.C.No. 324/2015 on the file of the Judicial Magistrate Fast Track Court No.I at ML, Coimbatore dated 28.12.2020.

For Petitioner(s):

Mr.D.Veerasekharan For Respondent(s):

Mr.Kailash Raj for Mr.S.T.Raja

O R D E R

The learned counsel for the petitioner submitted that as per the mutual settlement agreement between the parties, the total settlement amount was agreed to be Rs.17,00,000/-, out of which Rs.3,60,000/-, being 20% of the total cheque amount has already been deposited before the Trial Court in the year 2021 and 30% of the amount i.e., Rs.5,40,000/-, as directed to be deposited by

this Court vide order dated 15.06.2026, is now deposited directly in the name of the respondent on 24.06.2026. In this regard, the learned counsel for the respondent has given a receipt of the photostat copy of the draft. 2.Learned counsel for the petitioner submitted that the delay may be condoned and suspension of sentence as well as the bail application may be considered.

3.The learned counsel for the respondent seeks permission to withdraw Rs.3,60,000/-, being 30% cheque amount already deposited to the credit of the Trial Court in the year 2021.

4.The respondent is directed to move an application before the trial court for withdrawal of the 30% cheque amount already deposited by the revision petitioner within a period of two weeks from today. 5.On such application being filed, the Trial Court is directed to release the said amount within a period of three weeks thereafter, in favour of the respondent.

6.In view of the above submission, learned counsel appearing for the Respondent has stated that he has no objection to allowing this petition.

7. In view of the reasons stated in the affidavit filed in support of the condone delay petition, the reason appears to be convincing and genuine, the delay of 128 days in filing the above criminal revision petition is condoned.

8. The Office is directed to number the Crl.R.C. today itself. 29-06-2026 Index: Yes/No Speaking/Non-speaking order GSA

SHAMIM AHMED J.

GSA in CRL RC SR. 28434 OF 2026 29-06-2026