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Madras High CourtCRL MP(MD)/757/2021allowed

S.Balasubramaniyan v. R.Velladurai

2021-02-04Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.757 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of February Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice R.THARANI CRL MP(MD) No.757 of 2021 IN CRL RC(MD)No.48 of 2021 S.BALASUBRAMANIYAN ... PETITIONER/PETITIONER Vs R.VELLADURAI ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an order of INTERIM STAY of all further proceedings in CC.No.22 of 2018 on the file of the Learned Judicial Magistrate, Fast Track Court (Magistrate Level), Uthamapalayam, pending disposal of the above Criminal Revision Petition.

Prayer in CRL RC(MD)No.48 of 2021:

To call for the records pertaining to the order dated 22.12.2020 made in Crl.MP.No.1069 of 2019 in CC.No.22 of 2018 on the file of the Learned Judicial Magistrate, Fast Track Court (Magistrate Level), Uthamapalayam, and set aside the same by allowing the above Revision Petition.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.ARUN, Advocate for the petitioner, while admitting the Criminal Revision Case, the Court made the following order:- This petition is filed to issue an order of interim stay all further proceedings in C.C.No.22 of 2018 on the file of the Judicial Magistrate, Fast Track Court (Magistrate Level), Uthamapalayam, pending disposal of this Criminal Revision.

2. On the side of the petitioner, it is stated that the petitioner has borrowed a sum of Rs.3,00,000/- (Rupees Three Lakhs only) from the respondent. But, the respondent has filled up the details in the cheque for a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) and prayed for a stay.

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CRL MP(MD) No.757 of 2021

3. In view of the above, interim stay is granted, on the following condition :- (I) the petitioner is directed to deposit 25% of the cheque amount i.e. Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand only) to the credit of C.C.No.22 of 2018 on the file of the Judicial Magistrate, Fast Track Court (Magistrate Level), Uthamapalayam, within a period of six weeks from the date of the order. Thereafter, the Judicial Magistrate, Fast Track Court (Magistrate Level), Uthamapalayam, shall re-deposit the sum of Rs.3,75,000/- (Rupees Three Lakhs Seventy Five Thousand only) in a Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the Criminal Revision Case in Crl.R.C.(MD) No.48 of 2021.

4. If the above condition is not complied, the stay order granted shall stand automatically vacated without any further reference to this Court.

sd/- 04/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note: In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, FAST TRACK COURT (MAGISTRATE LEVEL), UTHAMAPALAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

ORDER

IN CRL MP(MD) No.757 of 2021 in CRL RC(MD)No.48 of 2021 Date :04/02/2021 LS TE/JC/SAR-IV : 15/02/2021 : 2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2