Chandra v. Muthusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday,the Thirty First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL A(MD). No.184 of 2021 Chandra ...Appellant/ Complainant Vs 1 Muthusamy ...1st Respondent/Accused 2 Public Prosecutor, Madurai Bench of Madras High Court Madurai.

... Respondent/Formal Party Prayer :- Criminal Appeal filed under section 378(4) of the code of Criminal Procedure,to allow this Criminal Appeal and set aside the Judgment of acquittal rendered by the learned Judicial Magistrate No.1, Dindigul, on 03.01.2020 in CC No.160 of 2017 and thereby convict the respondent/accused under the negotiable instruments Act and sentence him suitably and also direct him to pay compensation to the Appellant/ Complainant.

ORDER:- This Appeal coming on for reporting Complaince on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.Gunasekaran Muthiah, Advocate, Government Advocate for the respondent,RMS Sethuraman for R2, this Court made the following order:

This Criminal Appeal is listed under the caption 'For reporting compliance'.

2.This Criminal Appeal has been filed to set aside the judgment of acquittal rendered by the learned Judicial Magistrate No.1, Dindigul on 03.01.2020 in C.C.No.160 of 2017 and thereby convict the respondent/accused under the Negotiable Instruments Act and sentence him suitably and also direct him to pay compensation to the appellant/complainant.

https://hcservices.ecourts.gov.in/hcservices/ 3.This Court, by an order, dated 30.07.2021, allowed the appeal and directed the first respondent to pay the compensation of

Rs.3,00,000/-(Rupees Three Lakhs only), within four weeks, from the date of receipt of a copy of the order and directed to list the matter 'For Reporting Compliance'.

4.Today (ie.,31.03.2022), when the matter is taken up for hearing, the learned counsel appearing for the first respondent submitted that aggrieved by the above said order, the first respondent/appellant preferred Special Leave Petition, before the Hon'ble Supreme Court of India, in SLP No.8329 of 2021 and it is pending.

5.Recording the said submission, the petitioner is at liberty, to recover the said amount of compensation, in the manner known to law, subject to the result of the Special Leave Petition. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Principal Sessions Judge, Dindigul 2.The Judicial Magistrate No.1,Dindigul 3 The Public Prosecutor Madurai Bench of Madras High Court Madurai.

+1cc to M/S. J.Gunaseelan Muthiah, Advocate CASR No.15923 ORDER DATED : 31/03/2022 ==========================

ORDER

========================== CRL A(MD). No.184 of 2021 Giving direction and etc.

as stated within.

MGJ(08.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/