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Madras High CourtCRL RC(MD)/824/2025allowed

Banumathi, v. Paripooranadevi,

2025-07-09Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and Crl.M.P(MD)No.8772 of 2025 Banumathi ... Petitioner Vs.

Paripooranadevi ... Respondent PRAYER : Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., to call for the records and set aside the conviction and sentence dated 19.06.2019 made in S.T.C.No.29 of 2019 on the file of the Fast Track Court(Magisterial Level) Pattukkottai, as dismissed by the appeal dated 29.09.2022 made in Crl.A.No.89 of 2019 on the file of the III Additional District Judge, Thanjavur @ Pattukkottai. For Petitioner : Mr.V.Selvakumar For Respondent : M/s.V.T.Vinitha

ORDER

Challenging the order passed by the learned Additional District Court No.III, Pattukottai in Crl.A.No.89 of 2019, dated 29.09.2022, this criminal revision case has been filed.

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2. The petitioner herein is the accused in S.T.C.No.29 of 2019, in which, the learned Judicial Magistrate (Fast Track Court), Pattukottai by judgment, dated 19.06.2019 sentenced her to undergo Simple Imprisonment of 6 months and to pay a compensation of Rs.3,00,000/- to the complainant within a period of one month from the date of receipt of the aforesaid judgment, in default, to undergo a further period of one month Simple Imprisonment. Against which, the petitioner had preferred an appeal in Crl.A.No.89 of 2019. However, the same was came to be dismissed for non-appearance of the counsel on record on 29.09.2022.

3. When the matter came up for hearing, the learned counsel for the petitioner submitted that for the inadvertence of the Lawyer before the learned Appellate Court, the petitioner should not be made to suffer and pressed for remanding back this case to the Additional District Court No.III, Thanjavur @ Pattukottai.

4. Considering the fact that the petitioner was slow in diligently conducting the criminal appeal, this Court directs the petitioner to pay a cost of Rs.20,000/- to the respondent within a period of one (1) week 2/5

from the date of receipt of copy of this order. The order passed by the Additional District Court No.III, Thanjavur @ Pattukkottai in Crl.A.No. 89 of 2019, dated 29.09.2022 is set aside and the matter is remand back to the file of the Additional District Court No.III, Thanjavur @ Pattukkottai for fresh adjudication. However, it is made clear that the parties are directed to appear before the Additional District Court No.III, Thanjavur @ Pattukkottai on 30.07.2025. The Additional District Court No.III, Thanjavur @ Pattukkottai is directed to conclude the criminal appeal within a period of two (2) months from 30.07.2025. If the cost imposed on the petitioner is not paid, the order passed in S.T.C.No.29 of 2019 by the learned Judicial Magistrate (Fast Track Court), dated 19.06.2019 will be restored.

5. With the above directions, this Criminal Revision Case is allowed. Consequently, connected Miscellaneous Petition is closed. 09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No gbg 3/5

Note : Issue order copy on 28.07.2025.

To 1.The Additional District Court No.III, Thanjavur @ Pattukkottai.

2.The Fast Track Court(Magisterial Level), Pattukkottai.

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

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L.VICTORIA GOWRI ,J.

gbg Order made in Dated: 09.07.2025 5/5