Madras High CourtCRL RC(MD)/675/2011dismissed

Mrs.Sarah Prince v. M/S.Allied Constructions And

2019-06-20Honourable Mr Justice G.R.Swaminathan2 pages

Bail Slip in Crl.R.C.675/2011 Mrs.Sarah Prince W/o.Prince granted in and by the order of this Court dated 10.08.2011, made in MP 1/2011 in Crl.R.C.675/2011. BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.R.C(MD)No.675 of 2011 Sarah Prince ... Petitioner Vs M/s.Allied Constructions and Consultants, Represented by its Authorised Signatory, T.R.Sivaramkumar, 7, Azad Street, Gandhi Nagar, Madurai.

... Respondent PRAYER: Petition filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the order in S.T.C.No.1543 of 2005 passed by the learned Judicial Magistrate No.I, Madurai, dated 27.07.2011.

For Petitioner : Mr.M.Patturajan For Respondent : Mr.N.Sundaresan

ORDER

The petitioner herein suffered conviction for the offence under Sections 138 of the Negotiable Instruments Act and sentenced to simple imprisonment for six months and also to pay a fine of Rs.3,000/- and default sentence was also imposed. This Judgment made in S.T.C.No.1543 of 2005 on the file of the Judicial Magistrate No.I, Madurai, dated 27.07.2011 has been challenged by the accused by way of revision.

2.I fail to understand how revision petition came to be filed as against the Judgment of the Conviction and sentence. Only an appeal will lie. Therefore, this Court holds that this revision petition is liable to be dismissed as not maintainable. Accordingly, this criminal revision petition stands dismissed. It is made clear that the dismissal of this revision case will not come in the way of the petitioner from filling a regular appeal. https://hcservices.ecourts.gov.in/hcservices/

The First Appellate Court will of-course exclude the time taken for prosecuting this revision. It is also made clear that the respondent will not be prejudiced by grant of such liberty in this case from pursuing their civil remedy.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To 1.The Judicial Magistrate No.I, Madurai.

2.The Chief Judicial Magistrate, Madurai.

+1 CC to M/s.M.PATTURAJAN, Advocate( SR-70135[F] dated 20/06/2019 ) rmi Crl.R.C(MD)No.675 of 2011 20.06.2019 KM/(05.07.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/