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Madras High CourtCRL MP(MD)/465/2023allowed

C.J.Yuvan Karthik v. Dr.M.Jeyakaran Pandian

2023-01-10Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.465 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Tenth day of January Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.465 of 2023 IN CRL RC(MD) No.28 of 2023 C.J.YUVAN KARTHIK ... PETITIONER/PETITIONER Vs M.JEYAKARAN PANDIAN ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to enlarge the petitioner on bail by suspending the sentence imposed upon the petitioner in C.C No. 109 of 2014 on the file of the Learned Judicial Magistrate, (Fast Track Court/Magisterial level), Thanjavur, Thanjavur District dated 15.12.2020, which had been confirmed in CRL.A.No.13 of 2021 on the file of the Learned II Additional District and Sessions Judge, Thanjavur, Thanjavur District by judgment dated 28.09.2022 pending disposal of the main Criminal Revision Petition.

Prayer in CRL RC(MD). 28/ 2023 :

To call for the records and set aside the Judgment dated 28.09.2022 passed in Crl A No.13 of 2021 on the file of the Learned II Additional District and Sessions Judge, Thanjavur, Thanjavur District confirming the conviction and sentence imposed upon the Petitioner in C.C.No.109 of 2014 on the file of Learned Judicial Magistrate (Fast Track Court/Magisterial Level), Thanjavur, Thanjavur District dated 15.12.2020 and acquit the petitioner. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.ILAYARAJA.R, Advocate for the petitioner, while admitting the CRL.RC., the court made the following order:- This revision petition has been filed against the order of II Additional District and Sessions Judge, Thanjavur, Thanjavur District, which was dismissed.

2.The learned counsel appearing for the petitioner submitted that only for the security purpose at the time of purchasing the bullocks, two cheques have been issued to the defacto complainant. The amount has also been settled. But by misusing the cheque, the complaint has been filed.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.465 of 2023 3.On that ground, this Revision Petition is admitted. 4.Notice to the respondent returnable by 13.02.2023. Private notice is also permitted.

5.Call for the entire records from the concerned trial Court as well as from the appellate Court.

sd/- 10/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, THANJAVUR, THANJAVUR DISTRICT.

2 THE JUDICIAL MAGISTRATE, (FAST TRACK COURT/MAGISTERIAL LEVEL), THANJAVUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

+1 CC to M/s.ILAYARAJA.R, Advocate ( SR-493[I] dated 10/01/2023 )

ORDER

IN CRL MP(MD) No.465 of 2023 IN CRL RC(MD) No.28 of 2023 Date :10/01/2023 RS/VR/SAR.(12.01.2023) 2P-5C https://www.mhc.tn.gov.in/judis 2/2