L.Devanarayanan v. R.Mayalagu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twelfth day of June Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in Crl.RC.(MD).No.484 of 2024 L.DEVANARAYANAN ... PETITIONER/PETITIONER Vs R.MAYALAGU ... 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 pass an order of Exemption for surrender to the petitioner/sole accused against the concurrent finding in Crl.A.No.25/2022 dated 2/4/2024 on the file of the Honble Principal District and Sessions Court, Madurai confirming the Judgment of conviction and sentence passed against the petitioner in S.T.C.No.134/2016 dated 28.03.2022 on the file of the Hon`ble Judicial Magistrate No.

I (FTC) (Magistrate Level), Madurai of six months Simple Imprsonment and compensation of Rs.1,25,000/- in default to undergo further period of two months Simple Imprisonment Under Section 138 of Negotiable Instrument Act and 255(2) of the Criminal Procedure Code, pending disposal of the above Criminal Revision on the file of this Hon`ble Court.

Prayer in CRL.RC(MD).484/2024:

Pleased to call for the records in Crl.A.No.25/2022 dated 02.04.2024 on the file of the Hon`ble IV Additional Session Judge, Madurai confirming the Judgment and of conviction and sentence passed against the petitioner in S.T.C.No.134/2016 dated 1/3

28.03.2022 on the file of the Hon`ble Judicial Magistrate No.I (FTC) (Magistrate Level), Madurai and set aside the same as devoid of merits by allowing this Criminal Revision Petition.

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 M/S.HAJA MOHIDEEN.A, Advocate for the petitioner, While admitting the Criminal Revision Case, the court made the following order:- This Criminal Miscellaneous Petition has been filed to exempt the surrender of the petitioner, pursuant to the sentence imposed by the IV Additional Sessions Judge, Madurai in Crl.A.No.25 of 2022, dated 02.04.2024, whereby confirming the conviction and sentence imposed by the learned Judicial Magistrate No.I, Fast Track Court (Magisterial Level), Madurai, in S.T.C.No.134 of 2016, dated 28.03.2022 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/- 12/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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JBR TO 1 THE IV ADDITIONAL SESSIONS JUDGE, MADURAI.

2 THE JUDICIAL MAGISTRATE NO.I, FAS TRACK COURT (MAGISTERIAL LEVEL), MADURAI. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

ORDER

IN CRL MP(MD) No.5906 of 2024 Date :12/06/2024 SA/VR/SAR. /24.06.2024/3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3