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.13483 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 direct the Learned Judicial Magistrate Court, Kumbakonam, Thanjavur District to refund the sum of Rs.30,000/- lying in deposit in the S.T.C.NO.529 of 2006 to the petitioner forthwith 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.13483 of 2023 to direct the learned Judicial Magistrate, Kumbakonam, Thanjavur District, to refund the sum of Rs.30,000/- lying in deposit in the S.T.C.No.529 of 2006 to the petitioner forthwith.

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 amount of Rs.30,000/- to the credit of STC.No.529 of 2006 and hence, this Court set aside the conviction and sentence passed against him by order dated 15.03.2011.

3. This Court allowed the revision petition on 11.06.2019. Hence, the petitioner is entitled to withdraw the amount of Rs.30,000/- deposited to the credit of STC.No.529 of 2006. Accordingly, the learned Judicial Magistrate , Kumbakonam,

Thanjavur District is directed to return the said amount to the petitioner within a period of two weeks from the date of receipt of a copy of this order.

4. With the above direction, this criminal miscellaneous petition is ordered. Sd/- Assistant Registrar(CS II) // True Copy // /12/2023 Sub Assistant Registrar(CS) TO

1. The Judicial Magistrate , Kumbakonam, Thanjavur District.

2.The Additional District Cum Sessions Judge (Special Court under Essential Commodities Act), Thanjavur District.

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

ORDER

========================== CRL MP(MD). No.13483 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