Madras High CourtCRL RC(MD)/472/2015partly allowed

M. Raja v. Prasath

2020-06-24Honourable Mrs Justice T. Krishnavalli (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Wednesday, the Thirtieth day of June Two Thousand and Twenty One PRESENT The Hon'ble Mrs.Justice T.KRISHNAVALLI M. Raja S/o. Manickam Proprietor Aksath Groups No. 12-554/15 29 Main Road Vadakkankulam Radhapuram Tk Tirunelveli District ... Petitioner/Appellant/Accused Vs Prasath S/o. Chelladurai Proprietor Gamstron Export & Import No. 6/72 Middle St.

Odaimarichan Kaththappuram Post Alankulam Tk Tirunelveli District ... Respondent/Respondent/Complainant Prayer :- This Criminal Revision Petition filed Under Section 397 r/w 401 Cr.P.C., to call for the entire records pertaining to the Judgment delivered by the District Munsif cum Judicial Magistrate Cheranmahadevi, Tirunelveli District in S.T.C.No.1893 of 2011 vide his judgement dated 17.07.2013 which was subsequently confirmed by the III Additional District and Sessions Judge, Tirunelveli, Tirunelveli District in C.A.No.50 of 2013 vide his judgement dated 07.09.2015 and set aside the same and consequently acquit the petitioner.

ORDER:- This Criminal Revision 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.R.Anand, Advocate for the Petitioner and of M/s.K.Esakki, Advocate for the respondent, this Court made the following order: This matter is posted today under the caption for reporting compliance.

2.It is seen from the records that this court, by judgment, dated 24.06.2020 partly allowed the criminal revision, by setting aside the punishment imposed by the courts below for the offence 1/3

under section 138 of Negotiable Instruments Act and raised the compensation awarded by the courts below to Rs.2,50,000/- and subsequently, it was posted for "Reporting Compliance. 3.Today when the matter is taken up, the learned counsel appearing for the respondent submitted that in-spite of giving sufficient time, the petitioner/accused has not complied the order of this court, dated 24.06.2020.

4.In view of that, the order passed by this court, dated 24.06.2020 allowing the revision in part is recalled and the judgment passed by the courts below are restored and the revision shall stand dismissed. It is open to the complainant to take further course of action as against the petitioner/accused in the manner known law.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) er TO

1. The III Additional District and Sessions Judge, Tirunelveli District.

2. The Chief Judicial Magistrate, Tirunelveli.

3. The District Munsif cum Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

4. The Judicial Magistrate, Cheranmahadevi, Tiruenveli District.

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

Copy to:

The Section Officer, Criminal Section,(Records) Madurai Bench of Madras High Court, Madurai (2 Copies) + 1 CC TO M/S.K.ESAKKI, ADVOCATE, IN CA SR NO.20870 2/3

ORDER DATED : 30/06/2021 ==========================

ORDER

========================== Giving direction and etc.

as stated within.

GC(23.09.2021) 3P 9C 3/3