Madras High CourtCRL MP(MD)/12807/2023allowed on condition

M.Rama Dhandapani v. Kannammal

2023-10-13Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of October Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P. VADAMALAI in CRL RC(MD) SR.No.28171 of 2023 M.RAMA DHANDAPANI ... PETITIONER/REVISION PETITIONER Vs KANNAMMAL ... 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 condone the delay of 338 days in preferring the above criminal revision petition against the judgment of the Appellate Court in Crl.A.No.80/2019 dated 28.04.2022 on the file of the learned Additional District and Sessions court, Theni at Periyakulam confirming the Judgment in S.T.C.No.5736 of 2015 dated 04.12.2019 on the file of the Learned Judicial Magistrate Court, Periyakulam.

Prayer in CRL RC(MD)SR.No.28171/2023 :

To admit this Revision on file, to call for the records pertaining to the judgment dated 28.04.2022 passed in Crl.A.No.80 of 2019 on the file the Learned Additional District and Sessions Court, Theni at Periyakulam confirming the Judgment in S.T.C.No.5736 of 2015 dated 04.12.2019 on the file of the Learned Judicial Magistrate Periyakulam under section 138 of Negotiable Instruments Act, 1881, and set aside the judgments of the Learned courts below and acquit the Petitioner 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.SHANKAR GANESH.R, Advocate for the petitioner and of MR.M.P.SENTHIL, Advocate on behalf of the Respondent, the court made the following order:- 1/3

This Petition is filed to condone the delay of 338 days in preferring the Criminal Revision Case before this Court.

2. The learned counsel for the petitioner as well as the learned counsel for the sole respondent are present before this Court.

3. The learned counsel for the sole respondent has raised the formal objections.

4. Heard the learned counsel appearing for the petitioner and the learned counsel for the sole respondent and also perused the materials placed before this Court.

5. Being satisfied with the reasons stated in the affidavit filed in support of this petition, the delay of 338 days in preferring the Criminal Revision Case is condoned on payment of costs of Rs.2,000/-(Rupees Two Thousand only), by the petitioner to the respondent within a period of two weeks from today (i.e) on 13.10.2023, failing which, this petition shall stand dismissed automatically without further reference to this Court. Accordingly, this Criminal Miscellaneous Petition is allowed.

6. Post the matter on 30.10.2023 for reporting compliance. sd/- 13/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, THENI AT PERIYAKULAM.

2 THE JUDICIAL MAGISTRATE COURT, PERIYAKULAM. 3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. ORDER IN in CRL RC(MD) SR.No.28171 of 2023 Date :13/10/2023 RS/DD/SAR-(17.10.2023) 3P 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3