Dhanalakashmi Cottage Industries v. Arulmalai Gounder

G.K.ILANTHIRAIYAN, J.

This matter is posted today before this Court under the caption 'For Being Mentioned' at the instance of the learned counsel appearing for the petitioner.

2. The learned counsel appearing for the petitioner submitted that the petitioner had already deposited 50% of the cheque amount to the credit of Trial Court. Now, the petitioner is ready and willing to deposit the remaining 50% of the cheque amount. Hence, he prayed for suitable directions.

3. Considering the submission made by the learned counsel appearing for the petitioner, paragraph No.7 in the order dated 13.10.2022 in Crl.R.C.No.1134 of 2018 shall be incorporated as follows:- "7. In view of the above, this Court finds no infirmity or illegality in the order passed by the Courts below. However, the petitioner is ready and willing to deposit the remaining 50% of the cheque amount to the credit of the Trial Court.

8. Considering the above submission, the judgment and conviction dated 05.10.2012 made in C.A.No.49 of 2012 on the file of the III Additional District and Sessions Judge, Erode at Gobichettipalayam confirming the judgment dated

14.02.2012 made in C.C.No.346 of 2009 on the file of the Judicial Magistrate No.I, Gobichettipalayam, are hereby set aside, on condition that the petitioner shall deposit the remaining 50% of the cheque amount to the credit of the Trial Court, on or before 19.12.2022, failing which, the conviction and sentence imposed on the petitioner by the Courts below shall stand automatically restored. On such deposit, the respondent is permitted to withdraw the same by way of filing appropriate application before the Trial Court. It is made clear that the Trial Court shall permit the same, without ordering notice to the petitioner.

9. Accordingly, this Criminal Revision case stands allowed."

4. Registry is directed to correct the order dated 13.10.2022 in Crl.R.C.No.1134 of 2018, as above and issue order copy afresh. 01.12.2022 mn Note :- Issue order copy today i.e., 02.12.2022

G.K.ILANTHIRAIYAN, J.

mn 01.12.2022