Madras High Court
Kandasamy vs Balakrishnan on 1 December, 2021
Crl. R.C.(MD)No.531 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 01.12.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.531 of 2020
and Crl.M.P.(MD)No.4707 of 2020
Kandasamy .. Petitioner
Vs.
Balakrishnan .. Respondent
Prayer : This Revision Case is filed under Sections 397 and 401 of Cr.P.C.,to
call for the records pertaining to the judgment of conviction passed by the
Additional District Court, Karur, in Crl.A.No.16 of 2018, dated 20.02.2020,
by confirming the order of conviction sentence passed by the Judicial
Magistrate No.II, Kulithalai, in S.T.C.No.267 of 2016, dated 22.01.2018 and
to set aside the same.
For Petitioner : Mr.K.Sivabalan
For Respondent : Mr.T.A.Punithan
ORDER
This Criminal Revision has been filed to call for the records pertaining to
the judgment of conviction passed by the Additional District Court, Karur, in
Crl.A.No.16 of 2018, dated 20.02.2020, by confirming the order of conviction
sentence passed by the Judicial Magistrate No.II, Kulithalai, in S.T.C.No.267
of 2016, dated 22.01.2018 and to set aside the same.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.531 of 2020
2.The revision petitioner filed a petition in Crl.M.P.(MD)No.4707 of
2020, to suspend the sentence imposed by the Judicial Magistrate No.II,
Kulithalai, in S.T.C.No.267 of 2016, dated 22.01.2018, which was confirmed
by the Additional District Court, Karur, in Crl.A.No.16 of 2018, dated
20.02.2020, till the disposal of the criminal revision in Crl.R.C.(MD)No.531
of 2020. That petition was allowed by this Court, on 23.09.2020, on condition
that the petitioner has to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs
only) to the credit of the Judicial Magistrate No.II, Kulithalai, in S.T.C.No.267
of 2016, within a period of four weeks from the date of receipt of copy of the
order.
3. On 19.11.2021, when the matter was taken up for hearing, on the
side of the respondent, it is stated that the petitioner has not complied with the
condition and the petitioner is not having any locus standi to proceed with the
criminal revision.
4. Hence, the matter was posted today (01.12.2021), for filing proof
for depositing of Rs.3,00,000/- (Rupees Three Lakhs only) before the trial
Court. At the same time, this Court has addressed the concerned Judicial
Magistrate, to file a report regarding the deposit of amount, if any.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.531 of 2020
5. Today (ie.01.12.2021), when the matter was listed, no proof for
deposit of Rs.3,00,000/- (Rupees Three Lakhs only) was filed by the revision
petitioner. The learned counsel for the revision petitioner admits that he could
not produce the receipt, since his client is not co-operating.
6. Report received from the Judicial Magistrate No.II, Kulithalai,
reveals that the revision petitioner has not deposited any amount before the
trial Court in S.T.C.No.267 of 2016. In view of the report, filed by the
Judicial Magistrate No.II, Kulithalai, it is seen that the revision petitioner has
not complied with the order of this Court. Since the revision petitioner failed
to comply with the order of this Court, the proceedings under criminal revision
case in Crl.R.C.(MD)No.531 of 2020 is closed. Consequently, connected
Miscellaneous Petition is closed.
01.12.2021
Index : Yes/No
Internet : Yes/No
Ls
NOTE: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for official
purposes, but, ensuring that the copy of the order that is presented
is the correct copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis
Crl. R.C.(MD)No.531 of 2020
R.THARANI, J.
Ls
To
1.The Judicial Magistrate No.II,
Kulithalai.
2.The Additional District Court,
Karur.
3.The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
Crl. R.C.(MD)No.531 of 2020
01.12.2021
https://www.mhc.tn.gov.in/judis
