Madras High CourtCRL MP(MD)/6666/2017ordered

Banumathi v. Govindaram

2017-10-30Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL MP(MD) No.6666 of 2017 IN CRL RC(MD) No.666 of 2016 BANUMATHI ... PETITIONER/PETITIONER/ PETITIONER/PETITIONER Vs GOVINDARAM ... RESPONDENT/RESPONDENT/ RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to extend two weeks time to comply the conditional order passed by this Honourable Court in Cr.M.P.(MD).No.4299 of 2017 dated 05.06.2017 in Cr.M.P.(MD).No.9462 of 2016 in Crl.R.C.No.666/2016 dated 09.11.2016 to deposit Rs.

1,50,000/- within a period of three weeks Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S. A. HAJA MOHIDEEN, Advocate for the petitioner and Respondent not appeared either in person or by an Advocate the court made the following order:- The learned counsel for the petitioner is present. 2.The petitioner is the accused in the proceeding initiated by the respondent herein under Section 138 of NI Act and she was convicted by the Trial Court directing the petitioner to pay a sum of Rs.5,00,000/- as compensation to the respondent herein. Against that order of conviction, the petitioner preferred an appeal before the Sessions Court and it was dismissed confirming the Trial Court Judgment.

Against that order, passed by the Appellate Court, the present revision is preferred by the petitioner herein. 3.During the pendency of the revision, suspension of sentence ordered by this Court in Crl.M.P.(MD)No.9462 of 2016, dated 09.11.2016 directing the petitioner to deposit a sum of Rs.1,50,000/- to the credit of C.C.No.289 of 2009 on the file of the learned Judicial Magistrate No.I, Tiruchirappalli within three weeks.

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4.However, the petitioner failed to deposit the said amount within stipulated time, hence, she filed a petition in Crl.M.P.(MD) No.4299 of 2017 for extension of time and 3 weeks time was granted to deposit the said amount as per order dated 05.06.2017. Since the petitioner again failed to deposit the said amount in time, the present petition is filed for seeking further time of three weeks. 5.Reasons assigned in the affidavit for extension of time is perused and considered in the interest of justice. Accordingly, 1 week time is granted to deposit the said amount from the date on which the copy of the order made ready, failing which, the suspension of sentence ordered by this Court stands dismissed without any further notice of this Court.

sd/- 30/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL DISTRICT JUDGE, TIRUCHIRAPALLI 2 THE JUDICIAL MAGISTRATE NO.I, TIRUCHIRAPALLI 3 THE CHIEF JUDICIAL MAGISTRATE,TIRUCHIRAPALLI DISTRICT +1. C.C. to M/S. A. HAJA MOHIDEEN Advocate SR.No.33458 GJM/CM/SAR-4-2.11.2017-2P-5C

ORDER

IN CRL MP(MD) No.6666 of 2017 IN CRL RC(MD) No.666 of 2016 Date :30/10/2017 https://hcservices.ecourts.gov.in/hcservices/