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Madras High CourtCRL RC(MD)/1183/2025disposed of

J.Nowsath v. P.Vivekanandhan

2025-11-12Honourable Mr.Justice Shamim Ahmed5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED Crl.RC.(MD)No.1183 of 2025 J.Nowsath, S/o.Jaffer, No.18/A, Sengunthapuram, 13th Cross, Sengunthapuram Post, Karur Taluk and District.

Also at No.333A, State Bank Colony, Karur - 639 001.

... Petitioner Vs.

P.Vivekanandhan, S/o.M.C.Palanisamy, No.1/108, Kudi Street, Minnampalli Post, Manmangalam Taluk, Karur District - 639 116.

... Respondent Prayer : This Criminal Revision Case is filed under Section 438 r/w 442 of BNSS, 2023, to set aside the order dated 04.08.2025 in Crl.M.P.No. 706 of 2025 in C.A.No.101 of 2025 on the file of the learned Principal District and Sessions Judge, Karur.

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For Petitioner : Mr.M.P.Roniga For Respondent : No appearance

ORDER

Heard Mr.M.P.Roniga, learned Counsel for the Revision Petitioner.

2.This Criminal Revision Case has been filed to set aside the order dated 04.08.2025 made in Crl.M.P.No.706 of 2025 in C.A.No.101 of 2025 on the file of the learned Principal District and Sessions Judge, Karur, whereby, the petitioner's application for grant of suspension of sentence and bail had been dismissed.

3.When the Revision Petition came up for hearing on 28.08.2025, the Co-ordinate bench of this Court directed the Revision Petitioner to deposit 20% of the compensation amount before the Trial Court and the case was adjourned to 15.09.2025. On 15.09.2025, when the matter came 2/5

up before this Court, the Revision Petitioner deposited 20% of the compensation amount as directed by the Co-ordinate bench of this Court and had produced a copy of the deposit receipt before this Court and this Court recorded the compliance and ordered notice to the Respondent. As per the office report dated 09.10.2025, notice has been served upon the Respondent.

4.Today, when the matter is being taken up, neither the Respondent nor the Respondent's Counsel is present before this Court to argue the case. It appears that the Respondent is not interested in contesting this case.

5. In view of the order, dated 12.11.2025 passed by this Court granting suspension of sentence in Crl.M.P.(MD)No.11503 of 2025 in Crl.RC(MD)No.1183 of 2025, this Criminal Revision Case is disposed of, with a direction to the learned Principal District and Sessions Judge, Karur to decide the appeal in C.A.No.101 of 2025 on merits and in 3/5

accordance with law, as expeditiously, without granting any unnecessary adjournment to either of the parties unless there is any cogent reason or stay by any higher Court There is no order as to costs.

6. Registry is directed to communicate this order to the learned Principal District and Sessions Judge, Karur for its necessary compliance and information, within a period of 10 days from today. 12.11.2025 Nsr To:

1.The Principal District and Sessions Judge, Karur, 2.The Judicial Magistrate, Fast Track Court (Magisterial Level), Karur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SHAMIM AHMED , J.

Nsr Order made in Crl.RC.(MD)No.1183 of 2025 Dated: 12.11.2025 5/5