P.Gopinath v. S.Hemalatha

M.NIRMAL KUMAR, J.

This petition is filed to condone the delay of 359 days in filing the above revision against the order dated 30.05.2023 in M.C.No.7 of 2021 on the file of the Family Court, Tiruvallur.

2. The learned counsel for the petitioner seeks accommodation to make deposit of Rs.2.5 Lakhs to the credit of the Family Court, Tiruvallur. The learned counsel submits that as on date, the petitioner is due to the tune of Rs.9,20,000/- and he admitted before this Court that the petitioner has not even paid a single rupee till date.

3. The learned counsel for the respondents submitted that the respondents filed a petition under Section 128 of Cr.P.C in Crl.M.P.No.54 of

2024 in M.C.No.7 of 2021 and the same is to be listed on 04.10.2024. He undertakes not to precipitate the matter before the Family Court till 15.10.2024, by which time, the petitioner is directed to deposit the said amount of Rs.2.5 Lakhs either to the credit of M.C.No.7 of 2021 on the file of the Family Court, Tiruvallur or by way of demand draft in the name of the first respondent.

4. Considering the submissions made by the learned counsel appearing for the petitioner, this Miscellaneous Petition is allowed and the delay of 359 days in filing the criminal revision, is condoned subject to payment of Rs.2.5 Lakhs to the credit of M.C.No.7 of 2021 on the file of the Family Court, Tiruvallur or by way of demand draft in the name of the first respondent on or before 15.10.2024, failing which, the petition shall stand dismissed automatically, without further reference to this Court. The petitioner is directed to produce the proof for the payment being made by him before the Registry.

5. On production of the proof for the payment being made by the petitioner, Registry is directed to number the criminal revision, if the papers are otherwise in order and post the main case for admission. 25.09.2024 vji

M.NIRMAL KUMAR, J.

vji 25.09.2024