Madras High CourtCRL MP(MD)/1436/2023ordered on terms

A.Arockiadass v. Anthonysamy

2023-03-07Honourable Mr Justice K.Murali Shankar2 pages

Crl.M.P.(MD).No.1436 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of March Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Crl.M.P.(MD).No.1436 of 2023 in Crl.RC.(MD)SR. No.3170 of 2023 A.AROCKIADASS ... PETITIONER/PETITIONER Vs ANTHONYSAMY ... RESPONDENT/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Condone the delay of 103 days in filing the above Criminal Revision Petition against the Order dt.1.7.2022 passed in MC.No.21 of 2020 on the file of the Familly Court,Dindigul District. PRAYER IN Crl.RC.(MD)SR. No.3170 of 2023:

To admit this revision on file, to call for the records from the Family Court, Dindigul and set aside order passed in M.C.No.21 of 2020 on the file of the Family Court, Dindigul dated 01.07.2022 under Section 125 of the Criminal Procedure Code, 1973. 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.THOMAS RAJADURAI.J, Advocate for the petitioner and of M/S.R.THANGA PANDIAN,Advocate on behalf of the Respondent the court made the following order:- This Petition has been filed to condone the delay of 103 days in filing the above revision challenging the order passed by the Family Court, Dindigul District, in M.C.No.21 of 2020, dated 01.07.2022.

2. Records perused. Heard the learned counsel for the petitioner.

3. The learned counsel for the petitioner would submit that the petitioner has already deposited a sum of Rs.70,000/- before the trial Court.

4. The learned counsel for the respondent would submit that the total arrears comes to Rs.1,60,000/- and after deducting the amount now deposited by the petitioner, the balance amount due is Rs.90,000/-.

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Crl.M.P.(MD).No.1436 of 2023 5.Considering the facts and circumstances and also the reasons assigned for the delay, this Court is inclined to condone the delay. Hence, the petition will be allowed on condition that the petitioner shall deposit another sum of Rs.30,000/- before the Family Court, Dindigul, in M.C.No.21 of 2020, on or before 27.03.2023, failing which, the petition shall stand dismissed automatically. 6.Post the matter on 28.03.2023.

sd/- 07/03/2023 / TRUE COPY / /03/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DAS TO THE JUDGE, FAMILY COURT, DINDIGUL.

ORDER

IN Crl.M.P.(MD).No.1436 of 2023 in Crl.RC.(MD)SR. No.3170 of 2023 Date :07/03/2023 RD/SAR-1(13/03/2023) 2P/2C https://www.mhc.tn.gov.in/judis 2/2