N.Duraisamy v. V.Balasubramanian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2023

CORAM:

The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP N.Duraisamy

...Petitioner/Appellant/

Accused -VsV.Balasubramanian

...Respondent/Respondent/

Complainant Prayer:- Criminal Revision Case filed under Section 397 read with 401 of Cr.P.C, to set aside the judgment and conviction dated 16.08.2019 made in C.A.No.51 of 2019 on the file of the learned Principal Sessions Judge, Erode, and confirming the judgment and conviction dated 10.01.2019 made in S.T.C.No.129 of 2014 on the file of the learned Judicial Magistrate Fast Track Court II, Erode.

For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.I.Syed Sibghatulla

O R D E R

The Revision Petitioner is arrayed as Accused before the learned Judicial Magistrate Fast Track Court II, Erode, in S.T.C.No.129 of 2014 1/4

dated 10.01.2019, and he had been acquitted for the offence under Section 138 of the Negotiable Instruments Act. Aggrieved by the same, the Respondent herein had filed C.A.No.51 of 2019 before the learned Principal Sessions Judge, Erode.

2. The learned Principal Sessions Judge, Erode, by judgment dated 16.08.2019, reversed the finding of acquittal and convicted the Accused. The Accused, who had suffered conviction before the learned Principal Sessions Judge, Erode, had preferred this Criminal Revision Case.

3. There was no representation repeatedly after several adjournments. Therefore, this Court had sought remarks from the learned Judicial Magistrate Fast Track Court II, Erode.

4. The learned Judicial Magistrate Fast Track Court II, Erode, in letter in D.No.1379 of 2023 dated 03.08.2023 had sought time for execution of the warrant. Accordingly, in the light of the above letter, the case was adjourned to 30.08.2023.

2/4

5. Today, 30.08.2023, the case is posted under the caption ''For Reporting Compliance'' expecting report from the learned Judicial Magistrate Fast Track Court II, Erode.

6. The learned Judicial Magistrate Fast Track Court II, Erode, in letter in D.No.1501 of 2023, dated 28.08.2023, had stated that the Accused was secured and remanded to prison in the light of the judgment in C.A.No.51 of 2019 by the learned Principal Sessions Judge, Erode, dated 16.08.2019.

7. In the light of the above discussion, this Criminal Revision Case stands dismissed.

30.08.2023 cda NOTE: Issue Order Copy by 31.08.2023.

To 1.The Judicial Magistrate Fast Track Court II, Erode. 2.The Principal Sessions Judge, Erode.

3.The Section Officer, VR Records, High Court, Chennai.

3/4

SATHI KUMAR SUKUMARA KURUP, J., cda 30.08.2023 4/4