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Madras High CourtCRL MP(MD)/11851/2025ordered

L. Devanarayanan v. R.Mayalagu

2025-09-03Honourable Mr.Justice Shamim Ahmed5 pages

CRL MP(MD) NO. 11851 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-09-2025

CORAM

THE HONOURABLE MR.JUSTICE SHAMIM AHMED CRL MP(MD) No. 11851 of 2025 in Crl.R.C.(MD) No.484 of 2024 L. Devanarayanan S/o.Lakshmanan, No.21, DD First Street, Arappalayam, Madurai.

Petitioner(s) Vs R.Mayalagu S/o.Ramanathan, Palaya Pallikooda Street, Othakadai Post, Madurai North Taluk, Madurai District.

Respondent(s) Prayer: To extend the time granted in Criminal Revision (MD) No.484 of 2024 dated 18.07.2025 to pay the remaining amount of Rs.75,000/- to the credit of S.T.C.No.134/2016 on the file of the learned Judicial Magistrate No.I (FTC) (Magisterial Level), Madurai within a further period of six months. For Petitioner(s):

Ms.SK.Pavithra For Respondent(s):

Mr.Bharathi S

ORDER

This Criminal Miscellaneous Petition has been filed to extend the time for payment of the remaining amount of Rs.75,000/- to the credit of of S.T.C.No.134 of 2016 on the file of the Judicial Magistrate Court No.I (FTC), (Magisterial Level) Madurai, as directed by this Court, dated 18.07.2025 in Crl.R.C.(MD)No.484 of 2024. 2.Heard Ms.SK.Pavithra, learned counsel for the petitioner and Mr.S.Bharathi, learned counsel for the respondent.

3.The Co-ordinate Bench of this Court vide order, dated 18.07.2025, in Crl.R.C. (MD)No.484 of 2024, has passed the following order: "When the matter was taken up for hearing, the learned counsel appearing for the petitioner submitted that 40% of the compensation amount has already been deposited to the credit of S.T.C.No.134/2016 dated 28.03.2022 on the file of the learned Judicial Magistrate No.I (FTC) (Magisterial Level), Madurai. The same is recorded. 2.The petitioner is directed to deposit the remaining amount to the credit of S.T.C.No.134/2016 dated 28.03.2022 on the file of the learned Judicial Magistrate No.I (FTC) (Magisterial Level), Madurai, on or before 14.08.2025, if not complied, the learned counsel for the petitioner should argue the matter.

3.Post the matter on 18.08.2025 for reporting compliance."

4.Today, when the matter is being taken up, Ms.SK.Pavithra, learned Counsel for the petitioner submits that due to financial constraints and unavoidable personal circumstances, the petitioner could not mobilise the fund within the time stipulated by this Court vide order, dated 18.07.2025, in Crl.R.C.(MD)No.484 of 2024 ie., on or before 14.08.2025. Thus, she submits that the petitioner has filed the present application for the relief stated supra.

5.The aforesaid fact has been clearly stated in para 5 of the affidavit filed in support of the present application, which reads as under:- "5. I submit that in the said circumstances due to the extreme financial crisis and my poor health issues I am not able to pay the remaining amount in time i.e., on or before 14.08.2025. Due to the said bonafide reasons only, I was prevented to pay the said money in time. The non-payment of said money on the specified date is neither willful nor wanton. I am in need of further six months time to settle the remaining amount of Rs.75,000/-. Further by extending the time granted in Criminal Revision (MD).No.484 of 2024 dated 18.07.2025 the respondent would not be affected. So in the interest of justice it is just and necessary to extend the time granted in Criminal Revision (MD). No.484 of 2024 dated 18.

07.2025 to pay the remaining amount of Rs.75,000/- to the credit of S.T.C.No.134/2016 on the file of the learned Judicial Magistrate No.I (FTC) (Magisterial Level), Madurai within further period of six months. Otherwise I will be put into irreparable loss and injury. Hence this Criminal Miscellaneous Petition."

6.It was further submitted by the learned Counsel for the petitioner that this Court may grant one last opportunity to the petitioner to make full compliance of the order, dated 18.07.2025, in Crl.R.C.(MD)No.484 of 2024. 7.Mr.S.Bharathi, learned Counsel for the respondent submits that he has no objection to allow this petition by extending the time to comply with the conditions imposed by this Court, in Crl.R.C.(MD)No.484 of 2024, dated 18.07.2025. 8.Accordingly, after considering the arguments, as advanced by the learned Counsel for the parties as well the grounds raised in the affidavit filed in support of this present petition and also considering the hardness of the petitioner, this Court directs the petitioner to make full compliance of the conditions imposed by this Court, vide order, dated 18.07.2025, in Crl.R.C.(MD)No.

484 of 2024, within a period of two months from today, without fail, as the reason stated in paragraph No.5 of the affidavit filed in support of the present application appears to be justified. The petitioner shall also file an affidavit in this regard annexing the details of the payment made to the respondent on or before the next date fixed.

9.Accordingly, this Criminal Miscellaneous Petition is finally disposed of. 10.Put up the Criminal Revision Case on 10.11.2025 before the appropriate Bench. 03-09-2025 mm

To The Judicial Magistrate No.I, (FTC), (Magisterial Level) Madurai.