G.Chandran v. V.Lakshmanan
CRL MP(MD) No.2898 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL MP(MD) No.2898 of 2022 IN CRL RC(MD) No.870 of 2021 G.CHANDRAN ... PETITIONER / PETITIONER / REVISION PETITIONER Vs V.LAKSHMANAN ... RESPONDENT / RESPONDENT / REVISION RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the period of time for surrender as well as to comply the condition order passed by this Honourable Court in Crl.M.P.(MD) No.10251 of 2021 in Crl.R.C.(MD) No. 870/2021 on the file of this Honourable court dated 26/11/2021 Prayer in CRL RC(MD). 870/ 2021 :
To admit this Revision on file, to call for the records pertaining to the judgment dated 23.4.2021 passed in Crl.A.No.22/2020 on the file the Learned Sessions Judge,Karur,Karur District.,confirming the Judgment in STC.No.370 of 2017 dated 17.2.2020 on the file of the Learned Judicial Magistrate-II, kulithalai under section 138 of Negotiable Instruments Act, 1881, wherein the Learned Trial Court convicted the petitioner and sentenced him to undergo simple imprisonment of 6 months and awarded compensation of a sum of Rs.4,00,000/- to the complainant under section 357(3) of Cr.P.C and in default to undergo simple imprisonment of 2 months for the offences under section 138 of Negotiable Instruments Act, 1881 and set aside the Judgments of the Learned Courts below and acquit the petitioner by allowing this Criminal Revision Petition.
Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.R.SHANKAR GANESH, Advocate for M/S.DICTUM LAW FIRM for the petitioner, the court made the following order:- This Criminal Miscellaneous Petition is filed to extend the period of time for surrender as well as to comply with the conditional order passed by this Court in Crl.M.P(MD)No.10251 of 2021 in Crl.R.C(MD)No.870 of 2021 on the file of this Court, dated 26.11.2021.
https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL MP(MD) No.2898 of 2022
2. This Court suspended the sentence in Crl.M.P(MD)No.10251 of 2021 on condition that the petitioner is directed to surrender before the learned Magistrate No.2, Kulithalai, within a period of two weeks from the date of receipt of a copy of this order. Further, the petitioner shall deposit a sum of Rs.1,00,000/- (Rupees One Lakh only) to the credit of S.T.C.No.370 of 2017 before the Judicial Magistrate No.2, Kulithalai, within a period of four weeks from the date of receipt of copy of this order.
3. In fact, subsequently, in Crl.M.P.(MD)No.392 of 2022, the petitioner filed modification petition to modify the condition to execute security bond of sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties instead of one blood related surety. It was also modified by the order dated 19.01.2022 and extended the time for further period of two weeks. Even after the receipt of the same, the petitioner did not complete both the conditions and now is seeking extension of time. The petitioner was convicted by the trial Court and the same was confirmed by the first appellate Court. Even till today, the petitioner did not surrender before the Court below. Therefore this Court is not inclined to extend the time. This Criminal Miscellaneous Petition is dismissed. The respondent is at liberty to take appropriate action as against the petitioner to comply with the order passed by the Court below. sd/- 01/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE SESSIONS JUDGE, KARUR, KARUR DISTRICT.
2 THE JUDICIAL MAGISTRATE NO.2 KULITHALAI.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT.
+1 CC to M/s.R.SHANKAR GANESH, Advocate ( SR-1620[I] dated 01/03/2022 )
ORDER
IN CRL MP(MD) No.2898 of 2022 IN CRL RC(MD) No.870 of 2021 Date :01/03/2022 mga MK/VR/SAR.IV/10.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2