Madras High CourtCRL MP(MD)/12059/2022ordered on terms

K. Ulaganatha Pillai v. M/S.Hycount Polymers Private Limited

2022-11-01Honourable Mr Justice G.Ilangovan2 pages

CRL MP(MD) No.12059 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of November Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL MP(MD) No.12059 of 2022 IN CRL A(MD) No.SR32436 of 2022 K.ULAGANATHA PILLAI ... PETITIONER/APPELLANT/COMPLAINANT Vs 1 M/S.HYCOUNT POLYMERS PRIVATE LIMITED, NO.732, TVM ROAD, VADASERY, NAGERCOIL-1 REPRESENTED BY ITS MANAGING DIRECTOR, (THE 2ND RESPONDENT AND DIRECTORS 3 TO 6 RESPONDENTS). 2 M.MOHAMED KABIR 3 M.MOHAMED KASIM SHAFEEQ 4 FERDOWS BEEVI 5 BEEVI FATHIMA FARSHANA 6 VADIVEL MURUGAN 7 THE STATE OF TAMIL NADU, REP.BY THE PUBLIC PROSECUTOR NAGERCOIL.

... RESPONDENTS/RESPONDENTS/ACCUSED 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 108 days in filing the Criminal Appeal as against the judgement dated 25/09/2015 passed in CC No.224/2013 on the file of the Judicial Magistrate (Fast Track Court No.I), Nagercoil.

Prayer in CRL A(MD).SR32436 of 2022 :

To call for the records relating to the judgment dated 25.09.2015 made in C.C.No.224 of 2013 on the file of the Judicial Magistrate (Fast Track Court No.1), Nagercoil acquitting the Respondents/Accused to set aside the same as illegal and allow the above appeal.

https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD) No.12059 of 2022 Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.MURUGAN R, Advocate for the petitioner and of MR.K.SATHIYA SINGH, Advocate on behalf of the Respondent Nos.3 to 5 and MR.S.MANIKANDAN, Government Advocate (Crl.Side) on behalf of the 7th Respondent, the court made the following order:- Even though the second respondent reported dead, steps have not been filed. It is submitted on the side of the petitioner that originally the case was filed before this Court and later because of the Honourable Full Bench's decision, it was presented before the concerned District Court, thereafter, new order that has been passed by the another Bench, again it was presented before this Court. 2.Even though the learned counsel for the respondent submitted that without proper resolution the above case has been registered, it is a matter for appeal.

3.Considering the fact that it is a case registered under Section 138 of the Negotiable Instruments Act, this Court is inclined to allow this petition on payment of costs. 4.Accordingly, this petition will be allowed on payment of cost of Rs.2,000/- to each respondent by the petitioner through the counsel on record.

5.Call on 14.11.2022.

sd/- 01/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE(FAST TRACK COURT NO.1), NAGERCOIL. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE PUBLIC PROSECUTOR, STATE OF TAMILNADU, NAGERCOIL. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-12268[I] dated 02/11/2022 ) ORDER IN CRL MP(MD) No.12059 of 2022 IN CRL A(MD) No.SR32436 of 2022 Date :01/11/2022 TM RS/VR/SAR.2(04.11.2022) 2P-6C https://www.mhc.tn.gov.in/judis 2/2