Madras High Court
Raja Vimal Singh vs Velayutha Perumal on 1 April, 2025
Crl.R.C.(MD)No.337 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.04.2025
CORAM
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
Crl.R.C.(MD)No.337 of 2023
and
Crl.M.P.(MD)No.4856 of 2023
Raja Vimal Singh ... Petitioner
Vs.
1.Velayutha Perumal
2.The State rep by its
The Public Prosecutor,
Nagercoil,
Kanyakumari District. ... Respondents
PRAYER : Criminal Revision Case filed under Section 397 and 401
Cr.P.C., to call for the records relating to the impugned order dated
01.03.2023 made in Crl.M.P.No.164 of 2023 in C.A.No.3 of 2023 and
set aside the conditional order of to deposit 20% of the compensation
amount within a period of three weeks passed by the Additional Sessions
Judge (Fast Track Court), Kanyakumari District at Nagercoil by allowing
the present criminal revision petition.
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:41 am )
Crl.R.C.(MD)No.337 of 2023
For Petitioner : Mr.P.R.Boomee Rajan
For R2 : Mrs.M.Aasha,
Government Advocate (Crl. Side)
ORDER
The Criminal Revision is directed against the condition No.(1) imposed in Crl.M.P.No.164 of 2023 in Crl.A.No.3 of 2023 dated 01.03.2023 on the file of the Additional Sessions Court (Fast Track Court), Kanyakumari District @ Nagercoil, wherein, the petitioner was directed to deposit 20% of the compensation amount within a period of three weeks.
2. It is evident from the records that the learned trial Judge, after trial, has passed a judgment dated 15.12.2022 convicting the petitioner/ accused for the offence under Section 138 of Negotiable Instruments Act and sentenced to undergo 1 year simple imprisonment and to pay fine of Rs.10,000/- and also pay the cheque amount of Rs.15 lakhs, in default, to undergo 3 days simple imprisonment. Challenging the same, the petitioner has preferred an appeal before the Additional Sessions Court (FTC), Kanyakumari District @ Nagercoil in Crl.A.No.3 of 2023 and also moved an application for suspension of sentence. The learned 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:41 am ) Crl.R.C.(MD)No.337 of 2023 Additional Sessions Judge, while suspending the sentence, has imposed the impugned condition directing the petitioner to deposit 20% of the compensation amount within a period of three weeks. Challenging the said condition, the present revision came to be filed.
3. Admittedly, the petitioner has not complied with the directions of the appellate Court. It is pertinent to note that the case is pending from 2017 onwards.
4. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner may be granted some more time to comply with the order of the learned Appellate Judge.
5. Considering the above facts and circumstances and taking note of the submission made by the learned counsel appearing for the petitioner, the petitioner is directed to deposit 50% of the compensation amount on or before 21.04.2025. In respect of other conditions, the order of the learned Additional Sessions Judge (Fast Track Court), Kanyakumari District at Nagercoil, shall remain unaltered. 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:41 am ) Crl.R.C.(MD)No.337 of 2023
6. With the above direction, this Criminal Revision Case stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.
01.04.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
csm
Note : Issue order copy on or before 09.04.2025 To
1.The Additional Sessions Judge (Fast Track Court), Kanyakumari District at Nagercoil.
4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:41 am ) Crl.R.C.(MD)No.337 of 2023 5/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:41 am ) Crl.R.C.(MD)No.337 of 2023 K.MURALI SHANKAR,J.
csm Order made in Crl.R.C.(MD)No.337 of 2023 and Crl.M.P.(MD)No.4856 of 2023 Dated: 01.04.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 09/04/2025 11:13:41 am )