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Madras High CourtCRL MP(MD)/2600/2021ordered

N.Natarayan @ Suresh v. V.Llatcham

2021-03-26Honourable Mr Justice S.S. Sundar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of March Two Thousand and Twenty One PRESENT The Hon`ble Mrs.Justice R.THARANI in Crl.R.C.(MD)Nos.354 and 355 of 2020 Crl.M.P.(MD)No.2600 of 2021 in Crl.R.C.(MD)No.355 of 2020: N.NATARAYAN @ SURESH ... PETITIONER/ PETITIONER/ PETITIONER Vs V.LLATCHAM ... RESPONDENT/ RESPONDENT/ RESPONDENT PRAYER IN Crl.M.P.(MD)No.2600 of 2021:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Relax the condition imposed by this Honouralbe Court on the Petitioner in Crl.M.P.(MD)No.3047 of 2020 in Crl.R.C.(MD)No.355 of 2020 dated 11.06.2020.

Prayer in CRL MP(MD) No.3047 of 2020:

To suspend the sentence imposed by the learned Judicial Magistrate Court (FTC) Uthamapalayam in S.T.C.No.8/2012 dated 17.09.2013 confirmed by the learned Principal District Sessions Judge, Theni in Crl.A.No.56/2013 dated 09.07.2015, pending disposal of the Criminal Revision.

Prayer in Crl.R.C.(MD)No.355 of 2020:

To call for the records of the judgment dated 09.07.2015 in Crl.A.No.56 of 2013 by the learned Principal District Sessions Judge, Theni confirming the conviction and sentence of imprisonment for 6 months Simple Imprisonment and to pay a sum of Rs.3,000/- in default to pay one month Simple Imprisonment for an offence under Sec. 138 of Negotiable Instruments Act, passed by the learned Judicial Magistrate Court(FTC) Uthamapalayam in S.T.C.No.8 of 2012 by the judgment dated 17.09.2013 and Set-aside the Judgments of the Courts below and acquit the petitioner.

Crl.M.P.(MD)No.2602 of 2021 in Crl.R.C.(MD)No.354 of 2020: N.NATARAYAN @ SURESH ... PETITIONER/ PETITIONER/ PETITIONER 1/3

Vs V.LLATCHAM ... RESPONDENT/ RESPONDENT/ RESPONDENT PRAYER IN Crl.M.P.(MD)No.2602 of 2021:

Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Relax the condition imposed by this Honouralbe Court on the Petitioner in Crl.M.P.(MD)No.3046 of 2020 in Crl.R.C.(MD)No.354 of 2020 dated 11.06.2020.

Prayer in CRL MP(MD) No.3046 of 2020:

to suspend the sentence imposed by the learned Judicial Magistrate Court (FTC) Uthamapalayam in S.T.C.No.9/2012 dated 17.09.2013 confirmed by the learned Principal District Sessions Judge, Theni in Crl.A.No.57/2013 dated 09.07.2015, pending disposal of the Criminal Revision.

Prayer in Crl.R.C.(MD)No.354 of 2020:

To call for the records of the judgment dated 09.07.2015 in Crl.A.No.57 of 2013 by the learned Principal District Sessions Judge, Theni confirming the conviction and sentence of imprisonment for 6 months Simple Imprisonment and to pay a sum of Rs.3,000/- in default to pay one month Simple Imprisonment for an offence under Sec. 138 of Negotiable Instruments Act, passed by the learned Judicial Magistrate Court(FTC) Uthamapalayam in S.T.C.No.9 of 2012 by the judgment dated 17.09.2013 and Set-aside the Judgments of the Courts below and acquit the petitioner.

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of Mr.A.P.MUTHUPANDIAN, Advocate for the petitioner in both the petitions and respondent not appeared either in person or by an advocate, While admitting the Criminal Revisions, the court made the following order:- The petitioner filed these petition for relaxing the condition imposed by this Court in Crl.M.P.(MD)Nos.3046 and 3047 of 2020 in Crl.R.C.(MD)Nos.354 and 355 of 2020, dated 11.06.2020.

2. The learned counsel for the petitioner submitted that the petitioner is abiding the condition imposed by this Court regularly, only on 01.03.2021, due to ill health, the petitioner was not able to appear before the concerned Court and prayed the condition to be relaxed.

3.There is no representation on the side of the respondent.

4. In view of the same, the condition already imposed on the 2/3

petitioner is relaxed and these petitions are allowed. The petitioner is directed to appear before the lower Court as and when required by the Court.

sd/- 26/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE PRINCIPAL DISTRICT SESSIONS JUDGE, THENI.

2. THE JUDICIAL MAGISTRATE COURT (FTC), UTHAMAPALAYAM.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

ORDER IN in Crl.R.C.(MD)Nos.354 and 355 of 2020 Date :26/03/2021 Ls MS/VR/07.04.2021/3P.4C 3/3