Madras High Court
Konayyan Govindasamy vs M/S.Kulkarni Power Tools Limited on 3 February, 2021
Crl.A.(MD)Nos.32 and 33 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 03.02.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD)Nos.32 and 33 of 2021
Konayyan Govindasamy ... Appellant in both appeals
Vs.
M/s.Kulkarni Power Tools Limited,
P.A.O.(Srinivasan),
No.47, Sri Ganesh Nagar,
200 Feet Road, Kolathur,
Chennai-600 099. .. Respondent in both appeals
Prayer : This Criminal Appeals are filed under Section 397 r/w 401 of Cr.P.C., to
set aside the order passed in C.A.Nos.72 and 73 of 2016, dated 27.03.2017 on the
file of VI Additional District and Sessions Judge, Madurai, reversing the order of the
acquittal in S.T.C.Nos.421 and 422 of 2015, dated 02.07.2016 on the file of the
Judicial Magistrate No.1, Fast Track Court at JM Level, Madurai.
For Appellant
(in both appeals) : Mr.E.Somasundaram
For Respondent
(in both appeals) : Mr.R.Vijayakumar
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Crl.A.(MD)Nos.32 and 33 of 2021
COMMON JUDGMENT
The order passed by the Sessions Judge was disregarded by this Court.
Both the revisions are converting into an appeal will make a confusion in the
position of the appellant and the respondent.
2.It is seen that already this Court has passed an order in Crl.R.C.
(MD)Nos.433 and 434 of 2017, dated 22.12.2020. In Paragraph No.4 of this order,
the Court has directed the Registry to assign a fresh number. The Memorandum of
Appeal filed by the respondent before the Sessions Court will be treated as the
Memorandum of grounds of Appeal in these Criminal Appeals.
3.In view of the above observations, these Criminal Appeals are closed
with the following directions:-
(i)The entire proceedings before the lower Appellate Court is to be set
aside.
(ii)The entire revision proceedings are to be closed.
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Crl.A.(MD)Nos.32 and 33 of 2021
(iii)Registry is directed to assign fresh criminal appeal numbers, taking
into consideration, the Memorandum of Appeal filed by the respondent before the
Sessions Court, will be taken as the grounds of Appeal and that the respondent in
these appeals will be the appellant and that the revision petitioner will be the
respondent in the new criminal appeals.
03.02.2021
Index : Yes/No
Internet : Yes/No
sji
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.
To
1.The VI Additional District and Sessions Judge, Madurai.
2.The Judicial Magistrate No.1, Fast Track Court at JM Level, Madurai
3.The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
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Crl.A.(MD)Nos.32 and 33 of 2021
R. THARANI, J.
sji
Crl.A.(MD)Nos.32 and 33 of 2021
03.02.2021
http://www.judis.nic.in
