R.Kanagaraj v. Nagamani Ammal

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in Crl.RC.(MD).No.404 of 2024 R.KANAGARAJ ... PETITIONER/PETITIONER Vs NAGAMANI AMMAL ... 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 exempt the petitioner from surrendering before the trial Court pursuant to the Impugned Judgment passed by Learned 1st Additional Sessions Judge, Tirunelveli dt.23.02.2024 in C.A.No.33 of 2022 and confirming the Judgment of Learned Judicial Magistrate, Special Court for Exclusive Trial of Negotiable Instrument Act, Tirunelveli in S.T.C.No.464 of 2019 dated 07.06.2022 pending disposal of main revision. Prayer in CRL RC(MD). 404/ 2024 :

To allow this Criminal Revision and call for the records pertaining to Judgment passed by Learned Ist Additional Sessions Judge, Tirunelveli dt.23.02.2024 in C.A.No.33 of 2022 confirming Judgment of Learned Judicial Magistrate, Special Court for Exclusive Trial of Negotiable Instrument Act, Tirunelveli in S.T.C.No.464 of 2019 dated 07.06.2022 and set aside the same.

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.N.DILIPKUMAR, Advocate for the petitioner, while admitting the Criminal Revision Case, the court made the following order:- 1/3

This Criminal Miscellaneous Petition has been filed to exempt the surrender of the petitioner, pursuant to the judgment of the Ist Additional Sessions Judge, Tirunelveli, in C.A.No.33 of 2022 dated 23.02.2024, in confirming the conviction and sentence imposed by the learned Judicial Magistrate, Special Court for Exclusive Trial of Negotiable Instrument Act, Tirunelveli, in S.T.C.No.464 of 2019, dated 07.06.2022 pending disposal of the main Criminal Revision Case.

2. Being satisfied with the reasons stated in the affidavit filed in support of this petition as well as in the memorandum of grounds raised in this petition, this petition is allowed.

sd/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF NEGOTIABLE INSTRUMENT ACT, TIRUNELVELI 2/3

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3.THE IST ADDITIONAL SESSIONS JUDGE, TIRUNELVELI, +1 CC to M/s.N.DILIP KUMAR, Advocate ( SR-4557[I] dated 17/04/2024 )

ORDER

IN in Crl.RC.(MD).No.404 of 2024 Date :17/04/2024 RK/GS(25/04/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3