Samkuty v. Leena Rose

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.11893 of 2016 IN CRL RC(MD) No.SR42403 of 2016 SAMKUTY ... APPELLANT/ACCUSED/ ACCUSED Vs LEENA ROSE ... RESPONDENT/RESPONDENT/ COMPLAINANT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to dispense with the certified copy of the judgement passed by the Learned Judicial Magistrate, Sankarankovil in S.T.C.No.245 of 2009 by Judgment dated 31.12.2013, pending the disposal of the main Criminal Revision Petition on the file of this Honourable Court. Prayer in Crl.RC(MD)No.SR.42403 of 2016:

The Criminal Appeal against the judgment of the learned 1st Additional District and Sessions Judge, Tirunelveli in C.A.No.17 of 2014 dated 12.08.2016 in confirmed the conviction and sentence passed by the Learned Judicial Magistrate, Sankarankovil in S.T.C.No.245 of 2009 dated 31.12.2013 convicting the appellant / accused and sentence him to one year RI and file of Rs.10,000/- in default 3 months SI for officence under section 138 of N.I.Act. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.RAMASAMY, Advocate for the petitioner and the court made the following order:- This Criminal Miscellaneous Petition is filed praying to dispense with the certified copy of the Judgment passed by the learned Judicial Magistrate, Sankarankovil in.S.T.C.No.245 of 2009, dated 31.12.2013.

2.I have heard the submission made by the learned counsel for the petitiner.

https://hcservices.ecourts.gov.in/hcservices/ 3.The trial Court has passed an order of conviction, convicting the petitioner for one year and a fine of Rs.10,000/-.

Aggrieved by that conviction, the petitioner has filed an appeal in c.A.No.17 of 2014 before the learned District Sessions Judge, Tirunelveli, and the same was also dismissed and the conviction was confirmed. Against the order of the appellate Court, the present Revision is filed by the petitioner herein.

4.The reasons stated in the affidavit filed in support of the petition is perused for dispensing with the certified copy of the trial Court Judgment, stating that certified copy of the Judgment was given before the appellate Court. Hence, production of the certified copy of the Judgment passed by the learned Judicial Magistrate, Sankarankovil in S.T.C.No.245 of 2009, dated 31.12.2013, is dispensed with for the present.

sd/- 02/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE I ADDITIONAL DISTRICT & SESSIONS JUDGE, TIRUNELVELI 2 THE JUDICIAL MAGISTRATE, SANKARANKOVIL THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

ORDER

IN CRL MP(MD) No.11893 of 2016 IN CRL RC(MD) No.SR42403 of2016 Date :02/12/2016 MPK SH/PV/SAR-2:16.12.2016: 2P/4C https://hcservices.ecourts.gov.in/hcservices/