Madras High CourtCRL MP(MD)/8407/2024allowed

Palanivel v. Selvaraj (Died)

2024-08-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Wednesday, the Twenty Eighth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL RC(MD).No.768 of 2017 Palanivel ... Petitioner Vs.

1. Selvaraj (Died)

2. Karuppayee Ammal

3. Keerthana

4. Logeshwaran

5. Sudha

6. The Public Prosecutor Dindigul, Dindigul District.

... Respondents Prayer in CRL MP(MD). No.8407 of 2024 :- This Petition filed under Section 482 of Criminal Procedure Code to grant an order of extension of time for depositing the cheque amount by extending the time granted by this Court in Crl.R.C(MD) No. 768 of 2017 vide order dated 17.04.2023. Prayer in CRL RC(MD).No.768 of 2017 :- Criminal Revision case filed under Section 397 and 401 of the Code of Criminal Procedure to call for the records pertaining to the judgment in C.A.No.19 of 2016, dated 14.07.2017 on the file of the Additional Sessions Judge, Dindigul, confirming the conviction and sentence under Section 138 of the Negotiable Instrument Act and sentenced him to undergo six months Simple Imprisonment and to pay a fine 1/4

amount of Rs 5,000/- in default to undergo two months Simple Imprisonment by the Judicial Magistrate No.2, Dindigul in (*)C.C.No.505 of 2009, dated 20.04.2016 and set aside the same.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. S.Ayyanar Prem Kumar, Advocate for the Petitioner and of M/s. C.Susikumar, Advocate for the respondent Nos.1 to 5 and M/s. E.Antony Sahaya Prabahar, Additional Public Prosecutor for the respondent No. 6, this Court made the following order:

This criminal miscellaneous petition has been filed to grant an order of extension of time for depositing the cheque amount by extending the time granted by this Court in Crl.R.C.(MD)No.768 of 2017 vide order dated 17.04.2023. 2.It is evident from the records that this Court, in Crl.R.C.(MD)No.768 of 2017, has directed the petitioner to settle the entire cheque amount to the first respondent on or before 06.06.2023 and it was made clear that if the petitioner failed to pay the cheque amount, the sentence imposed by the Courts below will be restored, without any further reference to this Court. Now, the petitioner filed the present petition seeking extension of time for depositing the cheque amount as directed by this Court.

3.When the matter was taken up for hearing on 19.08.2024, the learned counsel for the petitioner submitted that the petitioner is ready to settle the entire cheque amount within two days and after recording the same, the case is posted to 21.08.2024. When the matter is taken up for hearing today, the learned counsel 2/4

appearing for the petitioner would submit that the petitioner has paid the entire amount, in pursuance to the directions of this Court and he has also filed a memo to that effect.

4.The learned counsel appearing for the respondent Nos.R2 to R5 would submit that the respondents have received the amount and they are not having any objection to release the petitioner.

5.Recording the submission made on either side and taking note of the compliance of the orders of this Court, the petitioner is ordered to be released from the Central Prison, Madurai, if he is not required for any other cases. Accordingly, this criminal miscellaneous petition is ordered. Sd/- Assistant Registrar(Records) (*)Amended vide Court order dated 04.09.2024 made in CRL MP(MD). No.8407 of 2024 in CRL RC(MD).No.768 of 2017 Sd/- Assistant Registrar(AE) // True Copy // 29/08/2024 Sub Assistant Registrar (CS - I/ II / III /IV) GNS 3/4

TO (*)To be substituted already order despatched on 29.08.2024

1. The Additional Sessions Judge, Dindigul.

2. The Judicial Magistrate No.2, Dindigul.

3. The Superintendent of Prison, Central Prison, Madurai.

4. The Public Prosecutor Dindigul, Dindigul District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s. S.Ayyanar Premkumar, SR.No.46751 ORDER DATED : 28/08/2024 ==========================

ORDER

========================== in CRL RC(MD).No.768 of 2017 Giving direction and etc.

as stated within.

MK/29.08.2024 4P 7C RD(04/09/2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4