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Madras High CourtCRL MP/17512/2024modified

Kishore Nanwani v. L.Govindarassu

2024-12-17Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN in Crl.R.C.No.881 of 2024 Kishore Nanwani S/o.Chattaram Nanwani, No.44/46, Mens Touch Raymond, Jawaharal Nehru Street, Pudcherry-605 011.

Petitioner(s) Vs L.Govindarassu S/o.Lakshmanan, No.10, Subramaniya Siva Street, Puducherry - 605 011.

Respondent(s) Prayer : The Criminal Miscellaneous Petition filed under Section 528 of BNSS, 2023 to grant relaxation of the condition that "the condition of appearing before the Hon'ble Trial Court every week (i.e) Monday at 10.30 a.m., until further orders" dated 08.05.2024 made in Crl.M.P.No.7594 of 2024 in Crl.R.C.No.881 of 2024.

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For Petitioner(s):

Mr.G.V.Hariharan For Respondent(s):

Mr.R.Saseetharan

ORDER

This criminal miscellaneous petition has been filed to grant relaxation of the condition to appear before the trial Court every week (i.e) Monday at 10.30 a.m., imposed by this Court order dated 08.05.2024 made in Crl.M.P.No.7594 of 2024 in Crl.R.C.No.881 of 2024. 2.Mr.G.V.Hariharan, the learned counsel for the petitioner would submit that the petitioner has complied with the condition to deposit 20% of the cheque amount and has been appearing regularly on every Monday at 10.30 a.m. before the trial Court.

3. Mr.R.Saseetharan, the learned counsel for the respondent would however submit that the petitioner is irregular in complying with the said condition.

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4.The learned counsel for the respondent is unable to point out as to when the petitioner did not appear before the trial Court. Hence, considering the facts and circumstances, this Court is of the view that the condition imposed on the petitioner to appear every week can be modified to appear on the first working day of every Month before the Trial Court until further orders. All other conditions remain unaltered.

5. Accordingly, this modification petition stands allowed. 17-12-2024 dk To L.Govindarassu S/o.Lakshmanan, No.10, Subramaniya Siva Street, Puducherry - 605 011.

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SUNDER MOHAN., J.

dk in Crl.R.C.No.881 of 2024 17.12.2024 Page No.4 of 4