R.Adhinarayanan v. E.P.Ravi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Ninth day of December Two Thousand Twenty One PRESENT The Hon`ble Mr Justice A.D.JAGADISH CHANDIRA CRIMINAL MISCELLANEOUS PETITION No.12072 of 2021 IN CRL RC.1477/2019 R.ADHINARAYANAN [PETITIONER/COMPLAINANT ] Vs E.P.RAVI [RESPONDENT/ACCUSED ] Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to (i) To allow the petitioner to receive the 50% of the deposited amount in C.C.NO.1 of 2017 on the file of the Judicial Magistrate Court, Gingee, and pass such further or other order as this Hon'ble Court may deem fit and proper in the interest of justice. Order : This petition coming on for orders upon perusing the petition and the filed in support thereof and upon hearing the arguments of M/S.P.

SINGARAM, Advocate for the petitioner, and of M/S.R.RAJARAJAN, Advocate on behalf of the Respondent, the court made the following order:- This application has been filed by the complainant seeking to withdraw 50 % deposited amount of Rs.3 lakhs deposited to the credit of C.C.No.1 of 2017 on the file of the Judicial Magistrate Court, Gingee.

2. The learned counsel for the petitioner would submit that the petitioner is the complainant and he had filed C.C.No.1 of 2017 against the respondent/accused for an office under Section 138 of the Negotiable Instruments Act in respect of the dishonoured cheque of Rs.8 lakhs. The trial Court had convicted the respondent/accused. Against the conviction and sentence, the respondent / accused has preferred the Crl.A.No.56 of 2019 before the learned II Additional District Judge, Tindivanam and the appellate Court dismissed the

appeal and confirmed the conviction and sentence passed by the trial Court by an order dated 20.11.2019.

3. At the time of filing an application for suspension of sentence, the accused was directed to deposit a sum of Rs.3 lakhs and he has deposited the same. The present petition has been filed seeking to permit the petitioner / complainant to withdraw the amount.

4. The learned counsel appearing for the respondent / accused would submit that he is prepared to get along with the Criminal Revision and he would pray that the same shall be listed for final disposal from the 1st week of January 2022.

5. In view of the same, this petition stands closed. Registry is directed to list the Crl.R.C.No.1477 of 2019 for final disposal on 04.01.2022.

6. The counsel for the petitioner is directed to file copies of the deposition and the Exhibits filed before the trial Court. -sd/- 09/12/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE II ADDITIONAL DISTRICT JUDGE, TINDIVANAM.

2 THE JUDICIAL MAGISTRATE, GINGEE, VILLUPURAM.

3 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM. [FOR INFORMATION]

Copy To:

THE SECTION OFFICER, CRIMINAL SECTION, HIGH COURT, MADRAS C.C. to M/S.P.SINGARAM Advocate on payment of necessary charges Order in CRL MP.12072/2021 in CRL RC.1477/2019 Date :09/12/2021 From 7.2.2001 the Registry is issuing certified copies of the BAIL/Anti.BAIL Orders in this format TA-15/12/2021