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Madras High CourtCRL RC/1837/2024dismissed

J.Sankaran v. R.Malini

2024-11-04Honourable Mr Justice Sunder Mohan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2024

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.R.C.No.1837 of 2024 and Crl.M.P.No.15117 of 2024 J.Sankaran ... Petitioner Vs.

R.Malini ... Respondent PRAYER: Criminal Revision Case filed under Sections 438 r/w 442 of the BNSS, to set aside the order dated 09.08.2024 passed in Crl.M.P.No.551 of 2024 in M.C.No.46 of 2023 on the file of the learned Judicial Magistrate, Additional Mahila Court at Alandur. For Petitioner : Mr.R.Iyyappan

ORDER

The Criminal Revision Case has been filed challenging the order dated 09.08.2024 passed by the learned Judicial Magistrate, Additional Mahila Court, Alandur in Crl.M.P.No.551 of 2024 directing the petitioner to pay the school fee of Rs.1,60,400/-.

2. The learned counsel for the petitioner submitted that he had Page No.1 of 5

already paid Rs.5 Lakhs towards the education of the minor child and that the school fee would not come to Rs.1,60,400/- as claimed by the respondents and produced the School Book Receipt Voucher issued by the School, wherein the costs of books and the uniform, is mentioned as Rs.24,786/-.

3. On perusal of the said receipt, it is seen that the said receipt does not refer to the School Fee and it only shows the cost of book and the uniform. That apart, merely because the petitioner has earlier spent Rs.5 Lakhs, towards education, it does not absolve the petitioner from payment of the School Fee of Rs.1,60,400/- and this Court finds no infirmity in the said order of the trial Court, directing the petitioner to pay the School Fee of Rs.1,60,400/-. Hence, this Criminal Revision Case is dismissed at the admission stage itself. The petitioner is granted four weeks time from the date of receipt of the copy of this order, to pay the School Fee either to the 2nd respondent school or to the 1st respondent herein. Consequently, the connected Criminal Miscellaneous Petition is closed.

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Index: Yes/No Speaking/Non-speaking order ars Page No.3 of 5

SUNDER MOHAN, J.

ars To 1.The Judicial Magistrate, Additional Mahila Court at Alandur.

2.The Public Prosecutor, Madras High Court.

Crl.R.C.No.1837 of 2024 04.11.2024 Page No.4 of 5

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