Sivakumar v. G.Surendiran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.10216 of 2016 IN CRL RC(MD) No.355 of 2007 SIVAKUMAR ... PETITIONER/APPELLANT/ACCUSED Vs G.SURENDIRAN ... RESPONDENT/RESPONDENT/COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to set aside the dismissal order dated 31.10.2012 in the above Criminal revision 355/07 and restore the same on the file of this Honble court and thus render justice.

Prayer in CRL RC(MD)No.355 of 2007:- Criminal Revision case is filed under Section 397 r/w 401 Cr.P.C., praying this Court to call for the entire records at the lower court and set aside the order dated 28.02.2007 passed in C.A.No.51/2006 by the Sessions Judge, Karur as confirmed the order dated 21.06.2006 passed in CC.No.130/91 by the Judicial Magistrate Court No.I, Karur.

Order : This petition coming on for hearing on this day, upon perusing the petition and the affidavit filed in support thereof and the earlier order of the Court and upon hearing the arguments of M/S. V.R.VENKATESAN, Advocate for the petitioner and of MR.B.SARAVANAN, Advocate for the Respondents, this court made the following order:- Heard Mr.V.R.Venkatesan, the learned counsel for the petitioner and Mr.B.Saravanan, the learned counsel for the respondent.

2. The learned counsel appearing for the petitioner would submit that, as per the direction of this Court, dated 24.09.2012, a sum of Rs.25,000/-, the remaining balance cheque amount, has been deposited to the credit of trial Court. He has also filed Cost Memo to that effect.

3. The learned counsel for the respondent has no objection in allowing this petition, since the conditional order passed by this Court, has been duly complied with.

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4. In the light of the submission made, this petitioin is allowed and the dismissal order, dated 31.10.2012, made in Crl.R.C (MD)No.355 of 2007, is set aside and the Revision is restored to file.

sd/- 10/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SESSIONS JUDGE, KARUR 2 THE JUDICIAL MAGISTRATE NO.I, KARUR 3 THE CHIEF JUDICIAL MAGISTRATE, , KARUR.

Copy To:The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

CSL/KP/SAR-I/18.11.2016: 2P/5C ORDER DATED : 10.11.2016

ORDER

CRL MP(MD) No.10216 of 2016 IN CRL RC(MD) No.355 of 2007 Giving direction and etc., as stated within.

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