Nallathambi v. Aramudhan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Appellate Jurisdiction Thursday, the Sixteenth day of November Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN CRL MP(MD). No.13481 of 2023 in CRL RC (MD)No.222 of 2011 Nallathambi ... Petitioner/Petitioner Vs Aramudhan ... Respondent/Respondent Prayer :- Criminal Miscellaneous Petition filed Under section 482 of Cr.PC. to relax the condition imposed in Crl.MP.(MD).No.1 of 2011 in Crl.RC.(MD).No.222 of 2011, order dated 15.03.2011 and pass such other orders. Prayer in CRL RC(MD). 222/ 2011 :

This Criminal Revision Petition is filed under Section 397 and 401 of Cr.P.C., to set aside the Judgment dated 20.01.2011 made in C.A.No.2 of 2010 on the file of the Additional District cum Sessions Judge(Special Court under Essential Commodities Act),Thanjavur District, confirming the Judgment of conviction passed by the learned Judicial Magistrate,Kumbakonam,dated 08.12.2009 in S.T.C.NO.529 of 2006 and allow this Revision.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. B.Jameel Arasu, Advocate for the Petitioner, this Court made the following order:

The petitioner filed this Crl.M.P(MD)No.13481 of 2023 to relax the condition imposed by this Court in Crl.M.P(MD)No.1 of 2011 in Crl.R.C(MD)No.222 of 2011 by order dated 15.03.2011.

2. The learned counsel for the petitioner submitted that during the pendency of the revision petition in Crl.R.C(MD)No.222 of 2011, he paid the entire cheque amount and hence, this Court set aside the conviction and sentence passed against him by order dated 15.03.2011. Inspite of the order of this Court, the learned Judicial Magistrate insisted the petitioner to appear before the Court once in every month. Hence, the petitioner filed this relaxation petition.

3. On earlier occasion, this Court directed the learned Judicial Magistrate, Kumbakonam, Thanjavur District, to give explanation regarding the above aspect. The learned Judicial Magistrate submitted the explanation that he did not aware of the order passed by this Court. Further, he stated that the concerned officer did not

place the order of this Court before him. Hence, he insisted the petitioner to comply the said condition. The said explanation is accepted and hence, no further adjudication is necessary in this petition. Accordingly, this petition is closed. Sd/- Assistant Registrar(CS II) // True Copy // /12/2023 Sub Assistant Registrar(CS) TO

1. The Additional District cum Sessions Judge (Special Court under Essential Commodities Act), Thanjavur District, 2.The Judicial Magistrate, Kumbakonam,Thanjavur District.

ORDER DATED : 16/11/2023 ==========================

ORDER

========================== CRL MP(MD). No.13481 of 2023 in CRL RC (MD)No.222 of 2011 Giving direction and etc.

as stated within.

MGJ(01.12.2023) 3P 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023