Nagarajan v. A.R.Natarajan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in CRL RC(MD) No.787 of 2021 NAGARAJAN ... Petitioner / Petitioner Vs A.R.NATARAJAN ... 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 time for depositing 25 percent of the compensation amount, i.e Rs.5,18,750/- (Rupees Five Lakhs Eighteen Thousand Seven Hundred and Fifty Only), for a period of three months, or such other period as this Honble Court may deem fit, pursuant to the order passed in CRL MP(MD) No.10753 of 2024 in CRL RC(MD) No.787 of 2021 dated 19.10.2024 on the file of this Hon'ble Court. Prayer in CRL RC(MD). 787/ 2021 :

To call for entire records connected with the order passed in Crl A No.22/2019 dt.31.08.2021 on the file of the Honble III Addl District Court, Thanjavur at Pattukottai in STC No.8/2018 on the file of the Learned FTC(Magistrate Level), Pattukottai and set aside the same.

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.SRIKANTH, Advocate for the petitioner and of M/s.C.BHARATHI, Advocate on behalf of the Respondent, the Ccourt made the following order:- This Criminal Miscellaneous Petition has been filed to extend the time for 1/4

depositing the 25% of the compensation amount i.e. a sum of Rs.5,18,750/- (Rupees Five Lakhs Eighteen Thousand Seven Hundred and Fifty only) for a period of three months as ordered by this Court in its order, dated 19.10.2024, in Crl.M.P.(MD) No.10753 of 2024 in Crl.R.C.(MD)No.787 of 2021.

2. By an order of this Court, dated 19.10.2024, the petitioner was granted with the relief of suspension of sentence on conditions. One of the conditions is that the petitioner was directed to deposit 25% of the compensation amount i.e. a sum of Rs.5,18,750/- (Rupees Five Lakhs Eighteen Thousand Seven Hundred and Fifty only) to the credit of S.T.C.No.8 of 2018 on the file of the learned Fast Track Court (Magistrate Level), Pattukottai and the petitioner was also directed to deposit another 25% of the compensation amount within a period of one month from the date of release from prison, failing which, the sentence suspended will be dismissed automatically.

3. Heard the learned counsel on either side.

4. The learned counsel for the petitioner submitted that the petitioner has deposited 25% of the compensation amount and in pursuant to the same, he was released from the prison. Now, he seeks extension of time to comply with the condition to deposit another 25% of the compensation amount.

5. The learned counsel for the respondent has raised strong objection to this 2/4

petition.

6. Considering the reasons stated in the affidavit filed in support of this petition, and also considering the fact that the petitioner has already deposited a sum of Rs.5,18,750/- (Rupees Five Lakhs Eighteen Thousand Seven Hundred and Fifty only), this Court is inclined to grant further three weeks time to the petitioner to comply with the condition, and this Criminal Miscellaneous Petition is allowed.

7. Accordingly, the petitioner is directed to deposit another 25% of the compensation amount i.e. a sum of Rs.5,18,750/- (Rupees Five Lakhs Eighteen Thousand Seven Hundred and Fifty only) to the credit of S.T.C. No.8 of 2018 on the file of the learned Fast Track Court (Magistrate Level), Pattukottai on or before 16.12.2024.

8. List the matter on 17.12.2024 under the caption "for reporting compliance".

9. No further extension of time will be granted to the petitioner on the aforesaid date.

sd/- 25/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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MKN To 1.The Judge, Fast Track Court (Magistrate Level), Pattukottai.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Judge, III Additional District Court, Thanjavur at Pattukottai.

+1 CC to M/s.S.SRIKANTH, Advocate ( SR-14580[I] dated 27/11/2024 )

ORDER

IN in CRL RC(MD) No.787 of 2021 Date :25/11/2024 ED/ VR /SAR- (04/12/2024) 4P / 5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4