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Madras High CourtCRL MP(MD)/10004/2023allowed

N.Basker v. A.Nallasivam

2023-07-14Honourable Mr Justice K.K. Ramakrishnan2 pages

CRL MP(MD) No.10004 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of July Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K.RAMAKRISHNAN CRL MP(MD) No.10004 of 2023 IN CRL RC(MD) No.723 of 2023 N.BASKER ... PETITIONER/PETITIONER Vs A.NALLASIVAM ... RESPONDENT/RESPONDENT Criminal MiscellaneousPetition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant an order of Exemption of surrender of the petitioner before the learned Principal District and Sessions court,Karur in Criminal Appeal No.56 of 2022 dated 27.03.2023 in confirming the judgment of conviction and sentence imposed by the Learned Fast Track Court Judicial Magistrate (At Magisterial Level), Karur in C.C.No.938 of 2017, dated 23.04.2022 pending disposal of the Crimnal Revision Petition. Prayer in CRL RC(MD). 723/ 2023 :

Criminal Revision Case To call for the entire records relating to the impugned judgment or conviction and sentence passed against the petitioner by the learned Principal district and sessions Court,Karur made Criminal Appeal No.56 of 2022, dated 27.03.2023 by confirming the Judgment of conviction and sentence passed by the Learned Fast Track Court Judicial (At Magisterial Level), Karur made in C.C.No.938 of 2017, dated 23.04.2022 in convicting the Petitionr for the alleged offence under Section 138 r/w 142 of Negotiable Instrument Act, and sentenced to undergo simple Imprisonment for two years and also direced to pay a sum of https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.10004 of 2023 Rs.14,00,000/- to the Respondent as a compensation amount under Section 357 of Crl.PC and set-aside the Judgment of the Couts below and acquit the Petitioner by allowing the present 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.THANGAPANDIAN R, Advocate for the petitioner, While admitting the Criminal Revision Case, the court made the following order:- Allowed.

sd/- 14/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, KARUR. 2 THE FAST TRACK JUDGE JUDICIAL MAGISTRATE(AT MAGISTERIAL LEVEL), KARUR.

+1. C.C. TO M/S.THANGAPANDIAN R Advocate SR.No.10705

ORDER

IN CRL MP(MD) No.10004 of 2023 IN CRL RC(MD) No.723 of 2023 Date :14/07/2023 SA/VRS/SAR. /03.08.2023/2P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 https://www.mhc.tn.gov.in/judis 2/2