Madras High CourtCRL MP(MD)/10295/2024ordered

Kasiramalingam v. K.Ravi

2024-09-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P.VADAMALAI Crl.M.P.(MD)No.10295 of 2024 in Crl.R.C.(MD)No.933 of 2024 KASIRAMALINGAM ... Petitioner / Petitioner Vs K.RAVI ... Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to Suspend the Sentence of Imprisonment and Sentence imposed in Crl.A.No.108 of 2022 on the file of the Learned 2nd Additional District and Sessions Judge, Thoothukudi dated 10.08.2024 by confirming the judgment made in C.C.No.33 of 2016 on the file of Judicial Magistrate / Fast Track Court, Thoothukudi dated 31.10.2022, pending disposal of the Criminal Revision.

Prayer in CRL RC(MD). 933/ 2024 :

To call for the records and set aside the order dated 10.08.2024 made in Crl.A.No.108 of 2022 on the file of the learned 2nd Additional District and Sessions Judge, Thoothukudi by confirming the judgment made in C.C.No.33 of 2016 on the file of Judicial Magistrate / Fast Track Court, Thoothukudi dated 31.10.2022. Order : This Criminal Miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.S.GOKULRAJ, Advocate for the petitioner and of M/s.N.PRAGALATHAN, Advocate on behalf of the Respondents the court made the following order:- 1/4

Today, this matter has been listed under the caption "for reporting compliance".

2. This Court had already passed a conditional order on 30.09.2024, in Crl.M.P. (MD)No.10295 of 2024 in Crl.R.C.(MD)No.933 of 2024, directing the petitioner to deposit a sum of Rs.4,34,520/- (Rupees Four Lakhs Thirty Four Thousand Five Hundred and Twenty only) to the credit of C.C.No.33 of 2016 on the file of the learned Judicial Magistrate/Fast Track Court, Thoothukudi on or before 24.10.2024. Thereafter, the matter was listed for reporting compliance on 25.10.2024. On that date, the learned counsel for the petitioner had filed a petition, in Crl.M.P.(MD) No.11563 of 2024 in Crl.R.C.(MD)No.933 of 2024, seeking extension of time for complying with the direction of this Court in its order, dated 30.09.2024, in Crl.M.P. (MD)No.10295 of 2024 in Crl.R.C.(MD)No.933 of 2024. The said petition was allowed by this Court on 25.10.

2024, and further time was granted to the petitioner till 05.11.2024 to deposit the above said amount of Rs.4,34,520/- (Rupees Four Lakhs Thirty Four Thousand Five Hundred and Twenty only). Thereafter, the matter was adjourned to 06.11.2024 for reporting compliance. Even on that date, the learned counsel for the petitioner submitted that the petitioner was not in a position to comply with the direction of this Court, since the order copy had been received belatedly. Hence, this Court had granted further time to the petitioner till 18.11.

for complying with the direction of this Court, and had adjourned the matter to 19.11.2024 for reporting compliance.

3. When the matter is taken up for hearing today (19.11.2024), the learned counsel for the petitioner submitted that so far, the petitioner has not complied with the direction of this Court, dated 30.09.2024.

4. Hence, the relief of suspension of sentence granted to the petitioner by this Court on 30.09.2024, in Crl.M.P.(MD)No.10295 of 2024 in Crl.R.C.(MD)No.933 of 2024, is hereby cancelled.

5. The learned trial Judge is at liberty to proceed further into the matter. sd/- 19/11/2024 / TRUE COPY / / 11 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1 The 2nd Additional District and Sessions Judge, Thoothukudi

2. the Judicial Magistrate / Fast Track Court, Thoothukudi 3/4

3. Do-Through, Chief Judicial Magistrate, Thoothukudi.

+1. C.C. to N.PRAGALATHAN Advocate SR.No.14236(I) dated 19/11/2024

ORDER

IN Crl.M.P.(MD)No.10295 of 2024 in Crl.R.C.(MD)No.933 of 2024 Date :19/11/2024 PSP/ VR /SAR /02.12.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4