Madras High Court
T.Viswanathan vs R.Gobinathan on 27 April, 2021
Crl.R.C.(MD) No.869 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 27.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.R.C.(MD) No.869 of 2017
T.Viswanathan ... Petitioner
vs.
R.Gobinathan ... Respondent
Prayer:- This Criminal Revision Case filed under Section 397(1) r/w 401 of the
Code of Criminal Procedure, to set aside the judgment and conviction made in
C.A.No.101 of 2016 by the V Additional District and Sessions Judge, Madurai
dated 21.09.2017 in partial modification of the judgment and conviction made
in S.T.C.No.186 of 2012 by the Fast Track Court No.II (Magistrate Level),
Madurai dated 26.05.2016.
For Petitioner : No appearance
For Respondent : Mr.S.Sankar
ORDER
This Criminal Revision Case has been filed to set aside the judgment
made in C.A.No.101 of 2016, dated 21.09.2017 on the file of the V Additional
District and Sessions Judge, Madurai, in modifying the judgment made in
S.T.C.No.186 of 2012, dated 26.05.2016 on the file of the Fast Track Court
No.I (Magistrate Level), Madurai.
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Crl.R.C.(MD) No.869 of 2017
2.When the matter came up for previous hearing, the learned counsel for
the petitioner/accused appeared before this Court and submitted that the matter
is likely to be settled and to that effect, he sought adjournment. Therefore, the
case was adjourned. However, for the past several hearing dates from
12.02.2021, there was no representation on behalf of the petitioner/accused.
3.The learned counsel appearing for the respondent/complainant
submitted that till date, the learned counsel for the petitioner or the petitioner
had not contacted either the counsel for the respondent or the respondent to
settle the matter amicably.
4.It is the case of the petitioner that he was convicted and sentenced by
the trial Court in S.T.C.No.186 of 2012 to undergo simple imprisonment for a
period of 1 year for the offence under Section 138 of Negotiable Instruments
Act, 1881, and to pay a sum of Rs.1,60,000/- as compensation payable to the
respondent/complainant. Against which, the petitioner had preferred an appeal
in Crl.A.No.101 of 2016, wherein, the learned 5th Additional District and
Sessions Judge, Madurai had convicted the petitioner herein and sentenced him
to undergo simple imprisonment till the raising of the Court and to pay a sum of
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Crl.R.C.(MD) No.869 of 2017
Rs.1,60,000/- as compensation to the respondent herein. Against which, the
present revision case has been filed.
5.On perusal of the records, it is found that from 2017, the present
revision case is pending. As per the submission of the learned counsel for the
petitioner on previous hearing that the matter is likely to be settled amicably,
the petitioner ought to have settled the matter by this time, if his intention was
genuine and bona fides to settle the matter. However the matter is not settled
amicably till date. Since we are in 2021, it can now be inferred that the
petitioner is not interested in prosecuting this revision and considering the year
of the revision, no useful purpose will be served if the revision case is
continued to be kept pending.
6.In view of the above, this Criminal Revision Case stands dismissed.
The learned Judicial Magistrate-I, Fast Track Court, Judicial Magistrate Level
Madurai is directed to issue warrant to the accused in STC.No.186/2012 to
undergo the sentence of imprisonment and also to collect the compensation
amount of Rupees One Lakh Sixty Thousand imposed on the accused as per the
judgment in S.T.C.No.186/2012 to secure the accused within a month from the
date of receipt of this order.
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Crl.R.C.(MD) No.869 of 2017
7.Registry is directed to send this order copy to the learned Judicial
Magistrate-Fast Track Court, Madurai, through E-mail. The Registry is also
directed to send a copy of this order the learned Chief Judicial Magistrate,
Madurai and Principal District Judge, Madurai.
Index : Yes / No 27.04.2021
Internet : Yes / No
mm
(Note:- Issue order copy by 15.06.2021)
To
1.The Chief Judicial Magistrate,
Madurai
2.Principal District Judge,
Madurai.
3.The V Additional District and Sessions Judge,
Madurai
4.The Judge,
Fast Track Court No.I (Magistrate Level),
Madurai.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.(MD) No.869 of 2017
SATHI KUMAR SUKUMARA KURUP, J.
mm
Crl.R.C.(MD) No.869 of 2017
27.04.2021
https://www.mhc.tn.gov.in/judis/
