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Madras High CourtCRL MP/880/2023allowed

Murugavel v. M/S. A.K.R. Export And Import

2023-01-27Honourable Mr Justice V.Sivagnanam2 pages

Crl.M.P.No.880 of 2023 in Crl.RC.No.934 of 2021 V. SIVAGNANAM, J.

This petition is filed to relax the condition imposed by this Court in the order dated 13.12.2021 in Crl.M.P.No.12767 of 2021 in Crl.R.C.No.934 of 2021 that the petitioner shall report before the trial Court viz., Judicial Magistrate No.2, Gobichettipalayam on 1st working day of every month at 10.30 a.m.

2. The learned counsel for the petitioner submitted that this Court, by order dated 13.12.2021 in Crl.M.P.No.12767 of 2021, suspended the substantive sentence of imprisonment imposed on the petitioner by trial court on the following conditions;

1. The petitioner shall deposit 50% of the cheque amount namely Rs.2,12,500/-

2. The petitioner shall appear before the trial court on the 1st working day of every English Calender month at 10.30 a.m. until the disposal of the revision petition. V. SIVAGNANAM, J.

https://www.mhc.tn.gov.in/judis

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3. He further submitted that the petitioner had already deposited 50% of the cheque amount and has been attending the trial court regularly for the past 10 months. He is employed as a driver in a company at Chennai and is having a daughter aged 8 years, studying at 2nd standard. Hence, attending the trial court on 1st day of every month puts him to much hardship and difficulties. Therefore, the learned counsel for the petitioner prayed for total relaxation of condition regarding reporting before the trial court.

4. Heard both sides.

5. Considering the submission of the learned counsel for the petitioner, the condition imposed on the petitioner that he should appear before the trial court on first working day of every month, by the trial court, by order dated 13.12.2021 in Crl.M.P.No.12767 of 2021, is totally relaxed. The petitioner shall appear before the trial court as and when required. 27.01.2023 msr Crl.M.P.No.880 of 2023 in Crl.RC.No.934 of 2021 https://www.mhc.tn.gov.in/judis