U.Sivaramakrishnan v. Mr.A.Esakkiraj

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of September Two Thousand Eighteen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL MP(MD) No.7196 of 2018 IN CRL RC(MD) No.81 of 2018 U.SIVARAMAKRISHNAN ... PETITIONER/PETITIONER Vs MR.A.ESAKKIRAJ ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to give/extend one month time to make deposit of balance Rs.1,10,000/- as per order of this Honourable Court dated 24/08/2018 in Crl.R.C.NO.81 of 2018 on the file of the Fast Track (Judicial Magistrate Level), Court, Tuticorin and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of MR.B.

RAJESH SARAVANAN, Advocate for the petitioner and of MR.A.THIRUVADIKUMAR, Advocate on behalf of the Respondent, the court made the following order:- It appears that despite several extension of time, the revision petitioner has not deposited the entire amount of Rs.5,00,000/-. Now the learned counsel for the respondent submitted that so far as the revision petitioner has deposited only Rs.3,90,000/- and seeks some time to deposit Rs.1,10,000/- and filed an affidavit to that effect that one month time may be granted to deposit the balance amount of Rs.1,10,000/-. He has also stated reason for non compliance of the order as agreed to the revision petitioner due to sudden demise of his father he is unable to pay the money and also he intends to sell the property and pay the amount.

2. Taking note of the contentions made in the affidavit, this Court is of the view that while permitting the revision petitioner to deposit a sum of Rs.1,10,000/- in CC.No.05 of 2015, the respondent/complainant may be permitted to withdraw a sum of Rs.3,00,000/- so far as deposited.

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3. With this direction the Criminal Miscellaneous petition for extension of time is allowed.

4. Time to deposit Rs.1,10,000/- is extended till 10.10.2018 and the respondent herein is permitted to withdraw the deposited amount of Rs.3,00,000/- in the account of C.C. No.05 of 2015 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level) Thoothukudi on furnishing sureties for the said amount.

5. Post the Criminal Revision on 11.10.2018. sd/- 10/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE II ADDITIONAL DISTRICT SESSIONS JUDGE, TUTICORIN 2 THE JUDICIAL MAGISTRATE, FAST TRACK COURT, TUTICORIN 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN +1. C.C. to MR.B.RAJESH SARAVANAN Advocate SR.No.17307 +1. C.C. to MR.A.THIRUVADI KUMAR, Advocate SR.No.17322

ORDER

IN CRL MP(MD) No.7196 of 2018 IN CRL RC(MD) No.81 of 2018 Date :10/09/2018 PK/RR/SAR-1/18.09.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/