Madras High CourtCRL MP(MD)/3100/2021dismissed

R.Venkatesan v. S.Gnanasekaran

2021-04-22Honourable Mr Justice G. Chandrasekharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of April Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL MP(MD) Nos.3100 and 3101 of 2021 IN CRL OP(MD) Nos.2867 and 2868 of 2021 R.VENKATESAN ... PETITIONER /PETITIONER/ PETITIONER/APPELLANT IN BOTH CASES Vs S.GNANASEKARAN ... RESPONDENT/RESPONDENT/ RESPONDENT/RESPONDENT IN CRLMP.3100/2021 IN CRL.OP(MD) 2867/2021 ALAGUSOUNDARARAJAN ...RESPONDENT/RESPONDENT/ RESPONDENT/RESPONDENT IN CRLMP.3101/2021 IN CRL.OP(MD) 2868/2021 Petitions filed praying that in the circumstances stated therein and in the petitions filed therewith the High Court may be pleased to Modify the condition to a effect that the Petitioner shall deposit a sum of Rs. 2,00,000/- in each cases in the credit of C. A Nos.

10/2021 and 11/2021 on the file of the Principal Sessions Judge, Theni instead of Petitioner shall directly pay a sum of Rs.2,00,000/- in each cases to the respondent herein as ordered by this Hon'ble court by common order dated 22.03.2021 in Crl.OP(MD)Nos.2867 and 2868 of 2021.

Common Prayer in CRL OP(MD)Nos.2867 and 2868 of 2021 Petitions filed praying that in the circumstances stated therein and in the petitions filed therewith the High Court may be pleased to modify the order in so far as the Condition imposed in Cr.MP.No.175 and 176 of 2021 in CA.No.10 and 11 of 2021 on the file of the Learned Principal Sessions Judge, Theni, Theni District dated 22.01.2021 directing the Petitioner to deposit of 20 % compensation amount i.e. Rs.3,48,896/- and Rs.2,32,597/- within 30 days before the Judicial Magistrate, Fast Track Court (Magisterial level), Theni.

Order : These petitions coming up for orders on this day, upon perusing the petitions filed in support thereof and upon hearing the arguments of M/S.RAMASAMY.S., Advocate for the petitioner in both the petitions and of Mr.J.SULTHAN BASHA Advocate on behalf of the Respondent in both the petitions, the court made the following order:- https://hcservices.ecourts.gov.in/hcservices/

These petitions have been filed to modify the condition imposed in Crl.M.P.Nos.175 and 176 of 2021 in C.A.Nos.10 and 11 of 2021 by the learned Principal Sessions Judge, Theni, dated 22.01.2021, directing the petitioner to deposit 20% compensation amount i.e., Rs.3,48,896/- and Rs.2,32,597/- respectively, before the concerned Judicial Magistrate, within 30 days. Against which, the petitioner preferred Crl.O.P.(MD)Nos.2867 and 2868 of 2021, for modification. Considering all these aspects, this Court directed the petitioner to pay a sum of Rs.2,00,000/- in each cases to the respondent/complainant within a period of three weeks from the date of receipt of a copy of the order. Now, the petitioner has filed these petitions for modification of condition that instead of directing the petitioner to pay a sum of Rs.

2,00,000/- in each cases to the respondent/complainant, the condition to be modified that the amount should be deposited before the concerned Magistrate Court. 2.Heard the learned counsel for the respondent. 3.It is seen from the submission made that this Court had taken into consideration all the relevant factors and then only ordered the petitioner to pay a sum of Rs.2,00,000/- in each cases to the respondent/complainant directly within a period of three weeks from the date of receipt of a copy of the order. This Court finds no reason to further modify the condition. Hence, these petitions are dismissed. However, at the request of the learned counsel for the petitioner, this Court is inclined to grant further two weeks for paying the amount of Rs.

2,00,000/- in each cases to the respondent/complainant, from the date of receipt of a copy of this order.

sd/- 22/04/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 PRINCIPAL SESSIONS JUDGE,THENI 2 THE JUDICIAL MAGISTRATE FAST TRACK COURT (MAGISTRATE LEVEL) THENI 3 THE CHIEF JUDICIAL MAGISTRATE,THENI +2. C.C. to M/S.AJMAL ASSOCIATES, Advocate SR.No.17292, 17293 ORDER IN CRL MP(MD) Nos.3100&3101/2021 in CRL OP(MD) Nos.2867&2868 of 2021 Date :22/04/2021 SMA/PN/SAR-3/29.04.2021 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/