Madras High CourtCRL MP(MD)/6379/2024dismissed

A.Gnanasundaravadivel v. K.Pitchaimani

2025-04-07Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 07.04.2025

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Crl.M.P.(MD)No. 6379 of 2024 in Crl.R.C(MD)SR No.13558 of 2024 A.Gnanasundaravadivel : Petitioner Vs.

K.Pitchaimani : Respondent PRAYER in Crl.M.P(MD)No.6379 of 2024: Criminal Miscellaneous Petition filed under Section 5 of Limitation Act, to condone the delay of 682 days in filing the revision challenging the judgment, dated 20.04.2021 passed in C.A.No.71 of 2017 on the file of the learned Principal District and Sessions Judge, Theni, confirming the judgment in C.C.No.38 of 2012, dated 11.05.2017 on the file of the Fast Track Court (Magisterial Level) Uthamapalayam till the disposal of the revision. PRAYER in Crl.R.C(MD)SR No.1904 of 2023: Criminal Revision Case filed under Section 397 r/w 401 of Cr.P.C., to set aside the judgment passed in C.A.No.71 of 2017, dated 20.04.2021 on the file of the learned Principal District and Sessions Judge, Theni, confirming the judgment in 1/4

C.C.No.38 of 2012, dated 11.05.2017 on the file of the Fast Track Court (Magisterial Level) Uthamapalayam.

For Petitioner : Mr.S.MP.Amalan For Respondent : Mr.P.M.Vishnuvardhanan

ORDER

This Criminal Miscellaneous Petition has been filed seeking orders to condone the delay of 682 days in filing the criminal revision challenging the order passed in C.A.No.71 of 2017, dated 20.04.2021 on the file of the Principal District and Sessions Court, Theni, confirming the judgment of conviction made in C.C.No.38 of 2012, dated 11.05.2017 on the file of the Fast Track Court (Magisterial Level) Uthamapalayam.

2. When the above petition was taken up for hearing, considering the submission made by the learned counsel for the petitioner that the petitioner is ready to deposit the substantial portion of the amount as directed by this Court within time stipulated by this Court, this Court has passed a conditional order, dated 06.03.2025, directing the petitioner to deposit 75% of the arrears amount pending at that time on or before 04.04.2025 before the trial Court, failing which, this petition shall stands 2/4

dismissed automatically and posted the matter to 07.04.2025 for reporting compliance.

3.When the matter is taken up for hearing today, the learned counsel for the petitioner would submit that the petitioner has not complied with the conditional of this Court.

4.In view of the conditional order already passed, since the direction has not been complied with, this Court has no other option but to dismiss the Criminal Miscellaneous Petition. Consequently, Consequently, Criminal Revision Case is rejected at the SR stage itself. 07.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Principal District and Sessions Judge, Theni.

2.The Fast Track Court (Magisterial Level) Uthamapalayam.

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K.MURALI SHANKAR,J.

das Crl.M.P.(MD)No. 6379 of 2024 in Crl.R.C(MD)SR No.13558 of 2024 Dated: 07.04.2025 4/4