S.Kannan v. L.Navaneetha Krishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL RC(MD)No.1426 of 2023 S.KANNAN ... PETITIONER/PETITIONER/PETITIONER Vs L.NAVANEETHA KRISHNAN ... RESPONDENT/RESPONDENT/ RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to extend the time for compliance of the orders passed by this Honble Court on 22.12.2023 in Crl MP(MD) No.18053/2023 in Crl RC(MD) No.1426/2023. Prayer in CRL RC(MD). 1426/ 2023 :

To call for the records pertaining to the impugned Judgment and conviction passed by the Learned Judicial Magistrate,Fast Track Court,Srivilliputthur is confirmed by the learned Principal District and Sessions Court,Virudhunagar at Srivilliputtur in C.A.No.33 of 2019 dated 19.09.2023 and set aside the same and allows the above revision petition.

Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.B.FAZIL KIRMANI, Advocate for the petitioner and of Mr.R.KARUNANITHI, Advocate on behalf of the Respondent, the Court made the following order:- 1/4

This case has been listed today under the caption 'for extension of time'.

2. This Court has already allowed the Criminal Miscellaneous Petition by order dated 22.12.2023 in Crl.M.P.(MD) No.18053 of 2023 and directed the petitioner to deposit 20% of the cheque amount to the credit of C.C.No.14 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court, Srivilliputtur. within a period of four weeks from the date of receipt of a copy of that order, failing which the sentence suspended shall automatically dismissed and this Court has also granted liberty to the respondent to execute the sentence imposed by the trial Court against the petitioner in the manner known to law.

3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submits that since the petitioner could not mobilise the funds in time to deposit the aforesaid amount within the stipulated time frame as directed by this Court in its order dated 22.12.2023, he has sought for extension of time to deposit the said amount.

4. Considering the submission made by the learned counsel for the petitioner, this Court is inclined to grant further time and accordingly, two weeks time is 2/4

granted to the petitioner for depositing 20% of the cheque amount to the credit of C.C.No.14 of 2018 on the file of the learned Judicial Magistrate, Fast Track Court, Srivilliputtur and it is made clear that no further time will be granted to the petitioner and in case of failure on their part to deposit the said amount, it is open to the respondent to execute the sentence imposed by the trial Court against the petitioner in the manner known to law.

sd/- 07/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

PKN TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, VIRUDHUNAGAR AT SRIVILLIPUTTUR.

2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, SRIVILLIPUTHUR.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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+1 CC to M/s.B.FAZIL KIRMANI, Advocate ( SR-2900[I] dated 07/03/2024 )

ORDER

IN in CRL RC(MD)No.1426 of 2023 Date :07/03/2024 SS/JGB/SAR- /13/03/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4