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Madras High CourtCRL MP(MD)/13825/2023allowed

M.Rajendran v. V.A.Saravanan

2023-09-29Honourable Mr Justice K.K. Ramakrishnan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN in CRL RC(MD) No.833 of 2023 M.RAJENDRAN ... PETITIONER/PETITIONER Vs V.A.SARAVANAN ... 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 extend the grant a further time of 4 weeks to deposit 25 percent of cheque amount to the credit of CC.No.649 of 2017,on the file of the Learned Judicial Magistrate,Fast Track Court,Karur and execute a bond for Rs.10,000/- with two sureties in CRL MP(MD) No.11172/2023 in CRL RC(MD).833/2023 order dated 08.08.2023. Prayer in CRL MP(MD).11172/2023 :

To Suspend the Sentence in judgment dt.22.12.2022 made in Criminal Appeal No.32 of 202 on the file of Principal District Judge, Karur confirming the order dt.23.2.2022 made in CC.No.649 of 2017 on the file of Judicial Magistrate(Fast Track Court),Karur Convicting the Petitioner for an offence under section 138 of the Negotiable Instruments Act and sentenced to undergo 2 years simple imprisonment and award compensation of Rs.2,00,000/- (Rupees Two Lakhs) in favour of the Respondent under section 357(3) of Cr.P.C pending disposal of the above Criminal Revision Petition on the file of this Hon'ble Court. 1/3

Prayer in CRL RC(MD). 833/ 2023 :

To call for records and set aside the Judgment dated.22.12.2022 made in Criminal Appeal No.32 of 2022 on the file of Principal District Judge,Karur confirming the Judgment dated.23.02.2022 made in CC.No.649 of 2017 on the file of Judicial Magistrate(Fast Track Court),Karur Convicting and sentencing to undergo simple imprisonment for 2 years for the offences under section 138 of the Negotiable Instruments Act and also directed to pay a sum of Rs.2,00,000/- to the complainant as a compensation u/s 357 Cr.P.C.within a period of one month and allow the said application.

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.V.NAGARAJAN, Advocate for the petitioner and of MR.V.BALAJI, Advocate on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition has been filed to extend the time of further four weeks to deposit 25% of the cheque amount to the credit of C.C.No.649 of 2017, on the file of the learned Judicial Magistrate, Fast Track Court, Karur and execute a bond for Rs.10,000/- with two sureties.

2. Being satisfied with the reasons stated in paragraph No.5 of an affidavit filed in support of this petition, the same is allowed. It is made clear that there is no further time will be granted.

sd/- 29/09/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO THE PRINCIPAL DISTRICT JUDGE KARUR.

THE JUDICIAL MAGISTRATE, FAST TRACK COURT, KARUR.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

+1 CC to M/s.V.NAGARAJAN, Advocate ( SR-14379[I] dated 29/09/2023 ) ORDER IN in CRL RC(MD) No.833 of 2023 Date :29/09/2023 RS/DD/SAR-(05.10.2023) 3P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3