Madras High CourtCRL RC(MD)/991/2024dismissed for nonprosecution

P.Petchimuthu v. M.Senthil Arumugam

2025-03-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR P.Petchimuthu ... Petitioner Vs.

M.Senthil Arumugam ... Respondent PRAYER : Criminal Revision Petition filed under Sections 438 r/w 442 B.N.S.S., to call for the records and set aside the judgment dated 12.07.2024 made in Crl.A.No.34 of 2021 on the file of the Principal Sessions Court, Thoothukudi, confirming the judgment and conviction dated 15.04.2021 made in S.T.C.No.788 of 2015 passed by the learned Judicial Magistrate, Srivaikundam whereby the petitioner was found guilty for the offence under Section 138 of Negotiable Instrument Act and sentenced him to undergo 9 months simple imprisonment and awarded a sum of Rs.1,87,500/- as compensation being 11⁄2 times of the cheque amount and consequently acquit the petitioner. For Petitioner : Mr.R.Moohanasundaram For Respondent : Mr.M.S.Jeyakarthik 1/4

ORDER

The Criminal Revision is directed against the judgment passed in Crl.A.No.34 of 2021 dated 12.07.2024 on the file of the Principal Sessions Court, Thoothukudi, confirming the judgment made in S.T.C.No.788 of 2015 dated 15.04.2021 on the file of the Judicial Magistrate, Srivaikundam.

2. When the matter was taken up for hearing on 24.02.2025, the learned counsel appearing for the petitioner submitted that the petitioner instructed them to withdraw the revision and sought time for getting written instructions.

3. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that they are unable to contact the petitioner and reporting no instructions.

4. It is evident from the records that though sentence was suspended earlier, since the petitioner has not complied with the 2/4

direction of this Court, suspension of sentence granted to the petitioner came to be cancelled vide order dated 10.12.2024.

5. Considering the above, this Criminal Revision Case is dismissed for non-prosecution. No costs.

05.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Principal Sessions Judge, Thoothukudi.

2.The Judicial Magistrate, Srivaikundam.

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K.MURALI SHANKAR,J.

csm Order made in Dated: 05.03.2025 4/4