Madras High CourtCRL MP(MD)/4789/2020ordered

P.Jayavel v. Raju

2020-09-28Honourable Mrs Justice R. Tharani2 pages

CRL MP(MD) No.4789 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of September Two Thousand Twenty PRESENT The Hon`ble Mrs.Justice R.THARANI CRL MP(MD) No.4789 of 2020 IN CRL RC(MD) No.546 of 2020 M.JAYAVEL ... PETITIONER/PETITIONER Vs RAJU ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an order of stay all further proceedings in S.T.C.No.62 of 2014 dated 31.07.2018 on the file of the Judicial Magistrate, Boodinayakanur and confirming the District Judge(Mahila Court), Theni in CA.No.55 of 2018 dated 21.07.2020 pending disposal of the above Criminal Revision Petition.

PRAYER IN CRL RC(MD) No.546 of 2020:

Pleased to set-aside the Judgment of Judicial Magistrate, Bodinayakannur in STC No.62 of 2014 dated 31.07.2018 and the judgment of the court of confirming the District Judge(Mahila Court) Theni in CA No.55 of 2018 dated 21.07.2020 and set aside the same by allowing the above Criminal Revision Petition. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.H.VELAVADHAS, Advocate for the petitioner, the court made the following order:- This petition has been filed to stay all the further proceedings in S.T.C.No.62 of 2014 dated 31.07.219 on the file of the learned Judicial Magistrate, Boodinayakanur and confirming the order in C.A.No.55 of 2018 dated 21.07.2020 before the District Judge (Mahila Court), Theni.

2.On the side of the petitioner, it is stated that the petitioner is ready to deposit 20% of the cheque amount and prayed to grant interim stay of the proceedings.

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CRL MP(MD) No.4789 of 2020 3.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to grant interim stay till the disposal of the criminal revision case on condition that the petitioner has to deposit a sum of Rs.75,000/- (Rupees Seventy Five Thousand only) to the credit of S.T.C.No.62 of 2014 before the learned Judicial Magistrate, Boodinayakanur on or before 12.10.2020. On such deposit, the learned Judicial Magistrate, Boodinayakanur, shall re-deposit the sum of Rs.75,000/- (Rupees Seventy Five Thousand only) in any Nationalised Bank, so that, the amount accrues interest and the same can be disbursed depending upon the outcome of the present Criminal Revision Case. Failing which, the interim stay already granted stands automatically vacated. 4.In the above circumstances, this petition is allowed. sd/- 28/09/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, BOODINAYAKANUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE DISTRICT JUDGE, (MAHILA COURT), THENI.

ORDER

IN CRL MP(MD) No.4789 of 2020 IN CRL RC(MD) No.546 of 2020 Date :28/09/2020 MRN TK/VR/SAR.4/30.09.2020/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2