Meena v. Premkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in Crl.R.C.(MD)No.181 of 2024 1 MEENA 2 GANAPATHI ... PETITIONERS/PETITIONERS Vs PREMKUMAR ... 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 extent to comply the order of this Honourable Court in Crl.M.P.(MD).No.1967/2024 in Crl.RC. (MD).No.181/2024 dt 19.02.2024 and thus render justice. Prayer in CRL RC(MD). 181/ 2024 :

To call for the records pertaining to the impugned judgment of conviction and sentence passed by the Learned Additional District and Sessions Judge(FTC),Tenkasi in Crl.A.No.73 of 2022 dt.22.1.2024 which confirming the judgment of conviction. 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.G.KARUPPASAMYPANDIYAN, Advocate for the petitioner, the court made the following order:- 1/3

This Miscellaneous petition is filed seeking extension of time to deposit the amount as directed by this Court in Crl.M.P.(MD).No.1967 of 2024 in Crl.R.C.(MD). No.181 of 2024, dated 19.02.2024.

2.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that due to financial crisis, he could not comply with the order of this Court. Further, he undertakes to pay the said amount within two weeks.

3. In paragraph No.3 of the affidavit, it is stated as follows: 3.I Submit that due to the financial constraint, I could not mobilise such a huge amount within the time stipulated by this Hon'ble Court. However, I am ready and willing to comply the order of this Hon'ble Court if this Hon'ble Court is granted further time. The non-compliance of the order of this Hon'ble Court is neither willful nor wanton but only due to the reality 4.Considering the reasons assigned in the affidavit and the undertaking given by the learned counsel for the petitioner, this petition is allowed with the following directions:

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(i) The petitioner is directed to deposit the amount on or before 16.05.2024. (ii) The learned trial Judge is directed to receive the amount without taken into account of the expiry of the date granted by this Court.

5. List this case on 04.06.2024, for reporting compliance. sd/- 30/04/2024 / TRUE COPY / 07/05/2024 Sub-Assistant Registrar (CS -I/ II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SBN To 1.The Additional District and Sessions Judge (FTC),Tenkasi. 2.The District Munsif cum Judicial Magistrate,Shencottah. 3.Do through the Chief Judicial Magistrate,Tirunelveli District. +1 CC to M/s.G.KARUPPASAMY PANDIYAN, Advocate ( SR-5279[I] dated 02/05/2024 )

ORDER

IN in Crl.R.C.(MD)No.181 of 2024 Date :30/04/2024 RK (07/05/2024) 3P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3