N.Raja v. S.Shanthi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Fourteenth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN in CRL RC(MD)No.558 & 559 OF 2017 N.Raja ... Petitioner in CRL MP(MD).No.1296 & 1297 of 2024 Vs S.Shanthi ... Respondent in CRL MP(MD).No.1296 of 2024 R. Shankar Ganesh ... Respondent in CRL MP(MD).No.1297 of 2024 Common Prayer :- Criminal Miscellaneous Petition are filed Under Section 482 of Cr.P.C praying this court to extent the time limit to pay the cheque amount to the respondent which was granted by this Honourable Court in Crl.R.C(MD).No.558 & 559/2017 vide its order dt 16.03.2023 .
Common Prayer in CRL RC(MD). 558 & 559/ 2017 : Criminal Revision Cases filed under Sections 397 and 401 of the Criminal Procedure Code,to call for the records in C.A.Nos.74 & 75 of 2014 dated 16.03.2017 on the file of the Fast Track Mahila Court,Sivagangai,confirming the judgment in C.C.Nos.200 & 201 of 2012 dated 03.12.2014 on the file of the Judicial Magistrate,Karaikudi, and duly set aside the judgment of the courts below by acquitting the revision petition. 1/4
ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. R.L.Dilipan Pandian, Advocate for the Petitioner and of M/s. B.S.Meltiue, Advocate for the respondent, this Court made the following order: These petitions have been filed for extension of time to pay the cheque amount to the respondents.
2. The petitioner filed revision cases in Crl.RC (MD) Nos.558 & 559 of 2017 as against the order passed by the Fast Track Mahila Court, Sivagangai in C.A.Nos.74 & 75 of 2014 dated 16.03.2017. This Court, by an order dated 16.03.2023, dismissed the revision cases. However, both the revision cases were dismissed. On the submission made by the petitioner, this Court passed an order that if the petitioner pays the cheque amount to the respondents in both the cases on or before 24.04.2023, the conviction and sentence of the petitioner can be set aside.
3. Due to financial crunch, the petitioner in both the revision cases was not able to settle the cheque amount. Therefore, in compliance with the order passed by the Trial Court, the petitioner was arrested and remanded to judicial custody to 2/4
undergo the remaining period of sentence.
4. The learned counsel appearing for the petitioner would submit that now the entire cheque amount in both the cases were settled in favour of the respondent by way of Demand Draft bearing Nos.109284 & 636699, dated 02.02.2024. Both the Demand Drafts were encashed by the respondents.
5. In view of the fact that payment has been made by the petitioner in both the revision cases, the conviction and sentence imposed by the Courts below are set aside. Now the petitioner is confined in Central Prison, Madurai. The Superintendent of Central Prison, Madurai is directed to set him liberty forthwith, unless he is otherwise required in connection with any other case. Sd/- Assistant Registrar () // True Copy // /02/2024 Sub Assistant Registrar (CS-I,II,III,IV) TO
1. The Judge,Fast Track Mahila Court, Sivagangai.
2. The Judicial Magistrate, Karaikudi.
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3. do thro, The Chief Judicial Magistrate, Sivagangai. 4.The Superintendent, Central Prision, Madurai.
5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. + 1 CC to M/S. R.L.Dhilipan Pandian,Sr.1891.
ORDER DATED : 14/02/2024 ==========================
ORDER
========================== in CRL RC(MD)No.558 & 559 OF 2017 2024 Giving direction and etc.
as stated within.
KB(15.02.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4