D.Shanmugasundaram v. R.Kasthuri Bai

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2023

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN in Crl.R.C(MD).No.10854 of 2021 D.Shanmugasundaram ... Petitioner Vs.

R.Kasthuri Bai ... Respondent PRAYER: This Civil Revision Case is filed under Sections 397 r/w 401 of the Criminal Procedure Code, to set aside the conviction and sentence passed by the learned Judicial Magistrate No.2, (FTC Level), Madurai in S.T.C.No.32 of 2013 dated 16.09.2019 convicting the petitioner under Section 138 of the Negotiable Instruments Act to undergo 6 months S.I and to pay a compensation of Rs.5,00,000/-(Rupees Five Lakhs only) to the complainant under Section 357 of Cr.P.C within 2 months from the date of the judgment as confirmed by the learned V-Additional District and Sessions Judge, Madurai made in Crl. Appeal No.111 of 2019 by judgement dated 16.12.2020 an allow the Criminal Revision Case. For Petitioner : Mr.S.Hameed Ismail For Respondent : Mr.V.N.Arun for Vallinayagam 1/4

ORDER

Today, when the matter is taken up for hearing the learned counsel for the revision petitioner submitted that the revision petitioner died on 30.05.2022.

2. The learned counsel for the respondent contended that the compensation amount will not be abated and seeks liberty to get compensation amount and other rights from the legal heirs of the deceased revision petitioner.

3. The liberty sought for by the learned counsel for the respondent is always available to the respondent.

4. With the above said liberty, this Criminal Revision Petition is dismissed as abated. Consequently, the connected miscellaneous petition is closed.

28.02.2023 Index : Yes / No Internet : Yes / No tta 2/4

To, 1.Judicial Magistrate No.2, (FTC Level), Madurai 2.V-Additional District and Sessions Judge, Madurai 3/4

G.ILANGOVAN,J.

tta 28.02.2023 4/4