Madras High CourtCRL MP(MD)/2094/2020allowed

Pandiaraj v. Ramar

2020-03-13Honourable Mrs Justice T. Krishnavalli (Retd.)2 pages

CRL MP(MD) No.2094 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL MP(MD) No.2094 of 2020 in CRL RC(MD)SR.No.4580 of 2020 PANDIARAJ ... PETITIONER/ PETITIONER Vs RAMAR ... RESPONDENT/ RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to condone the delay of 39 days for filing this revision petition challenging the judgment passed by the learned VI Additional Sessions Judge, Madurai in Crl.A.No.8/2019 dated 26.09.2019 by conforming the judgment passed by the learned Judicial Magistrate No.I, Usilampatti in STC No.186 of 2016 dated 27.12.2018 and thus render justice.

Prayer in CRL RC(MD)SR.No.4580 of 2020:

To call for the records pertaining to the Judgment passed by the Hon'ble VI Additional Sessions Judge, Madurai in CRL.A.No.8 of 2019 dated 26.09.2019 by confirming the judgment passed by the Learned Judicial Magistrate No.I, Usilampatti in STC No.186 of 2016 dated 27.12.2018 and set aside the same and consequently pass an order to acquit the petitioner in accordance with law and thus render justice.

Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.S.MUNIYANDI, Advocate for the petitioner and of MR.O.S.RAMACHANDRA PRATEEP, Advocate on behalf of the Respondent, the court made the following order:- This petition has been filed to condone the delay of 39 days in filing the above Criminal Revision Case against the judgment passed by the learned VI Additional Sessions Judge, Madurai in Crl.A.No.8 of 2019, dated 26.09.2019 by confirming the judgment passed by the learned Judicial Magistrate No.I, Usilampatti in S.T.C.No.186 of 2016, dated 27.12.2018.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL MP(MD) No.2094 of 2020 2.Heard both sides.

3.Mr.O.S.Ramachandra Prateep, learned counsel appearing for the respondent has strongly opposed for allowing this petition. 4.Being satisfied with the reasons stated in the affidavit filed in support of the petition and in the interest of justice, this petition is allowed on condition that the petitioner is directed to deposit 50% of the cheque amount i.e. a sum of Rs.2,50,000/- (Rupees Two lakhs fifty thousand only) to the credit of S.T.C.No.186 of 2016 on the file of the learned Judicial Magistrate No.I, Usilampatti, within a period of three weeks from the date of receipt of a copy of this order, failing which this petition shall stand dismissed automatically without further reference to this Court.

sd/- 13/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE VI ADDITIONAL SESSIONS JUDGE, MADURAI.

2 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

+1. C.C. to M/S. R. MANOHARAN Advocate SR.No.5291

ORDER

IN CRL MP(MD) No.2094 of 2020 in CRL RC(MD)SR.No.4580 of 2020 Date :13/03/2020 VSD JM/PN/SAR 4/20.03.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2