A.Thuvarampathy v. C.Navaneetha Krishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/10/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.18046 of 2022 and Crl.M.P(MD)No.12039 of 2022 A.Thuvarampathy ... Petitioner/Sole accused Vs.

1.C.Navaneetha Krishnan ... 1st Respondent/Complainant 2.The State of Tamil Nadu Rep by its Public Prosecutor Tirunelveli.

... 2nd Respondent/3rd party For Petitioner : Mr.S.Poorna Chandran For R2 : Mr.B.Nambi Selvan Additional Public Prosecutor PRAYER :-Criminal Original Petition filed under Section 482 Cr.P.C., praying to set aside the return docket order passed by the learned Principal District and Sessions Judge, Tirunelveli in un-numbered Crl.M.P.No. Of 2021 in Crl.M.P.SR.No.3252 dated 23.04.2022 and 1/4

consequently, extend the time for complying the order passed by the learned Principal District and Sessions Judge, Tirunelveli in Crl.M.P.No. 7071 of 2021 dated 28.10.2021.

O R D E R

This Criminal Original Petition is filed to set aside the return docket order passed by the learned Principal District and Sessions Judge, Tirunelveli in un-numbered Crl.M.P.No. Of 2021 in Crl.M.P.SR.No. 3252 dated 23.04.2022 and consequently, extend the time for complying the order passed by the learned Principal District and Sessions Judge, Tirunelveli in Crl.M.P.No.7071 of 2021 dated 28.10.2021. 2.Heard the learned counsel for the petitioner, the learned Additional Public Prosecutor appearing for the second respondent. 3.The learned counsel appearing for the petitioner submitted that the petitioner is ready to deposit a sum of Rs.3,00,000/-(Rupees Three Lakhs only) as the condition imposed by the Principal District and Sessions Judge, Tirunelveli in Crl.M.P.No.7071 of 2021. 2/4

4.The facts reveal that the petitioner is facing criminal prosecution for an offence under Section 138 of Negotiable Instruments Act. 5.Consideration the fact that the petitioner has come forward to comply with the conditional order imposed by the Sessions Court and in order to give a fair opportunity to the petitioner, this Court is inclined to set aside the impugned order passed by the Sessions Court. 6.Accordingly, the criminal original petition is allowed on condition that the petitioner shall pay a sum of Rs.3,00,000/- to the credit of STC No.182 of 2019 within a period of four weeks from the date of receipt of a copy of this order and also cooperate for trial. Consequently, connected miscellaneous petition is closed.

07.10.2022 Index:Yes/No Internet:Yes/No Ns/sn 3/4

T.V.THAMILSELVI,J Ns/Sn To

1. The Principal District and Sessions Judge, Tirunelveli.

2.The State of Tamil Nadu Rep by its Public Prosecutor Tirunelveli.

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

ORDER

IN CRL OP(MD) No.18046 of 2022 Date : 07/10/2022 4/4