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Madras High CourtCRL RC(MD)/264/2021disposed of

Rajesh Kumar v. The District Revenue Officer

2021-03-29Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 29.03.2021

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI and Crl.M.P.(MD)No.2668 of 2021 Rajesh Kumar .. Petitioner/Petitioner Vs.

1.The District Revenue Officer, Nagercoil, Kanyakumari District.

2.TheInspector of Police, E.O.W.II, Nagercoil, Kanyakumari District.

Crime No.4 of 2006 .. Respondents/ Respondents Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to set aside the order dated 15.03.2021 passed in Crl.M.P.No.735 of 2021 against Crl.M.P.No.183 of 2021 in C.C.No.11 of 2009 on the file of the learned Special Judge under TNPID Act, Madurai.

For Petitioner : Mr.S.Veeranasamy For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

This petition has been filed to set aside the order passed in Crl.M.P.No.735 of 2021 dated 15.03.2021, on the file of the learned Special Judge under TNPID Act, Madurai.

2.On the side of the petitioner, it is stated that the petitioner is permitted to compound the offence under Section 5(A) of TNPID Act. The Special Court under TNPID Act cases has given permission for compounding offences in Cr.M.P.No.183 of 2021 dated 02.02.2021. The petitioner filed a petition for extension of time limit. That petition was dismissed by the trial Court. As the Revenue Officials were on strike in the State of Kerala and that election was declared, the petitioner could not settle the issue within the time frame and prayed for extension of time to settle the amount.

3.On the side of the respondents, it is stated that already sufficient time was given to the petitioner. The petitioner has not complied the condition. The petitioner is having two cases. One in Crime No.4 of 2006 wherein more than one crore has to be settled to the investors and in another case in Crime No.3 of 2006 1 / 3

approximately Rs.97,00,000/- has to be settled to the investors and prayed the petition to be dismissed.

4.It is seen that already the lower Court in Crl.M.P.No.183 of 2021 has given permission to the petitioner to settle the issue and to compound the matter within a period of one month. The petitioner did not comply the condition within the time limit and hence, he has filed a petition for extension of time in Crl.M.P.No.735 of 2021. That petition was dismissed by the trial Court.

5.It is seen that the amount to be settled is more than Rs.1,97,00,000/-. In the above circumstances, this Court is inclined to grant time for the petitioner to settle the issue within a period of three months from the date of receipt of copy of this order. 6.With the above direction, this Criminal Revision Petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Special Judge for TNPID Act Cases, Madurai. 2.The District Revenue Officer, Nagercoil, Kanyakumari District.

3.TheInspector of Police, E.O.W.II, Nagercoil, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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+1 CC to M/s.S.VEERA SAMY, Advocate ( SR-14496[F] dated 30/03/2021 ) 29.03.2021 NS(CO) KB(15.04.2021) 3P 6C 3 / 3