Arulsengolraj v. A.Selvakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24-04-2025

CORAM

THE HONOURABLE MR JUSTICE K.MURALI SHANKAR CRL MP(MD) No. 5649 of 2025 in Crl.RC(MD)No.698 of 2024 Arulsengolraj Rep by his power agent namely, Pradeep Petitioner Vs A.Selvakumar Respondent For Petitioner(s):

Mr.K.Mahendran For Respondent(s):

Mr.K.Dinesh

ORDER

The Criminal Miscellaneous Petition has been filed seeking orders to permit the petitioner to withdraw the entire amount deposited by the respondent herein in S.T.C. No.21 of 2022 on the file of the learned Judicial Magistrate Fast Track Court, Pattukottai.

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2.When the matter is taken up for hearing today, the learned counsel for the respondent/accused has raised objections to allow this petition. 3.Section 148(3) of Negotiable Instruments Act contemplates that the appellate Court can release the amount deposited by the accused to the complainant at any time during the pendency of the appeal.

4.Considering the facts and circumstances of the case and also taking note of the submissions made on either side, this Court is inclined to grant permission to the petitioner. Hence, the petitioner is permitted to withdraw the amount, which was deposited by the respondent, on giving necessary undertaking before the trial Court. Accordingly, this petition is ordered.

sd/- 24/04/2025 / TRUE COPY / /04/2025 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

das To 1.The Judicial Magistrate Fast Track Court, Pattukottai. 2/3

2 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

+1 CC to M/s.K.MAHENDRAN, Advocate ( SR-4750[I] dated 25/04/2025 )

ORDER

IN CRL MP(MD) No. 5649 of 2025 in Crl.RC(MD)No.698 of 2024 Date :24/04/2025 MK/SAR /28.04.2025 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3