Kumar v. R.Kalaivannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI CRL MP No. 22566 of 2025 IN CRL RC NO. 2552 OF 2025 Kumar S/o.Late Naryanan, D.No.4/561/1, Railway Station Road, Dharmapuri Town, Dharmapuri Taluk and District Petitioner(s) Vs R.Kalaivannan S/o.Ranganathan Proprietor of Sridevi Agency and Buildeers, Dharmapuri Lodge Builders, Bypass Road, Dharmapuri Taluk and District Respondent(s) Prayer: To suspend the sentence imposed upon the petitioner vide the impugned judgment dated 14.10.2025 passed in C.A.No.24 of 2025 by the Learned Additional District and Sessions Judge, Dharmapuri, confirming the impugned judgment dated 14.02.2025 passed in CC.No.88 of 2019 by the learned Judicial Magistrate, Fast Track Court, Magisterial Level, Dharmapuri pending disposal of the Criminal Revision petition For Petitioner(s):

A. Arun Arya Raj R.A.Senapathi

ORDER

When the matter is taken up for hearing under the caption "for being mentioned", the learned counsel for the petitioner prays this Court to extend time of payment of Rs.5,00,000/- for eight weeks and to add the version in the conditional order, directing the complainant to file an undertaking affidavit to repay the withdrawal amount of Rs.2,50,000/-, if the petitioner is acquitted along with interest.

2. Having considered the submissions made by the learned counsel for the petitioner and facts and circumstances of the case, this Court is inclined to modify the order dated 26.11.2025 made in Crl. M.P. No.22566 of 2025 in Crl. R.C. No.2552 of 2025 in the conditional No.(a) and (e) as per the details given below and the Registry is directed to issue a fresh order copy accordingly. (a) the petitioner is directed to deposit a sum of Rs.5,00,000/- (Rupees Five Lakhs only), to the credit of CC.No.88 of 2019, on the file of the learned Judicial Magistrate, Fast Track Court, Magisterial Level, Dharmapuri , within a period of Eight weeks from the date of receipt of a copy of this order.

(e) the defacto complainant is permitted to withdraw a sum of Rs.2,50,000/- from the amount deposited by the petitioner, in CC.No.88 of 2019 by the learned Judicial Magistrate, Fast Track Court, Magisterial Level, Dharmapuri on proper identification, in the manner known to law, with an undertaking affidavit that the withdrawal amount will be repaid with interest if the petitioner is acquitted.

10-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Lbm

T.V.THAMILSELVI, J.

Lbm To:

1.Learned Additional District and Sessions Judge, Dharmapuri

2. Judicial Magistrate, Fast Track Court, Magisterial Level, Dharmapuri

3. The Public Prosecutor, High Court Madras CRL MP No. 22566 of 2025 IN CRL RC NO. 2552 OF 2025 10.12.2025