Madras High Court
K. Gayathri Sreekarthick vs V.P. Vasudevan on 20 July, 2021
Crl.R.C.No.1048 of 2017
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
Crl.R.C.No.1048 of 2017
and
Crl.M.P.No.9949 of 2017
K. Gayathri Sreekarthick .. Petitioner
Vs.
V.P. Vasudevan .. Respondent
PRAYER : Petition filed under Section 397 read with 401 of the Criminal
Procedure Code, to set aside the onerous condition imposed in the order
dated 21.07.2017 passed in Crl.M.P.No.240 of 2017 in Crl.A.No.174 of
2017 on the file of the Additional Sessions Judge, Magalir Neethi Mandram
(Fast Track Mahila Court) at Erode.
For Petitioner : Mr.R. Veeramani
For Respondent : Mr.T. Gowthaman
1/5
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1048 of 2017
ORDER
The matter is heard through "Video Conference".
2. This criminal revision case is filed by the revision petitioner
seeking to set aside the onerous condition imposed in the order dated
21.07.2017 passed in Crl.M.P.No.240 of 2017 in Crl.A.No.174 of 2017 on
the file of the learned Additional Sessions Judge, Magalir Neethi Mandram
(Fast Track Mahila Court) at Erode.
3. The respondent herein filed a private complaint under Section
200 of Cr.P.C., for the dishonor of cheque. The same was taken on file in
S.T.C.No.550 of 2015. After trial, the matter ended in conviction on
12.05.2017. The convicted accused has preferred an appeal in
C.A.No.174/2017 and also moved Crl.M.P.No.240/2017 for suspension of
sentence. The learned Magistrate, Fast Track Court, Erode by an order
dated 21.07.2017, suspended the sentence on condition of 25% payment of
the compensation.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1048 of 2017
4. Aggrieved against the said conditional order, the present
criminal revision case is filed. In this matter, interim stay was also granted
by this Court.
5. Heard both sides.
6. The learned counsel for the respondent submitted that in order
to escape from the scam arising out of Emu Birds Scheme, the revision
petitioner had issued the cheque and it was dishonored.
7. After going through the order passed by the learned Additional
Sessions Judge, Erode and also taking note of the fact that the learned
Magistrate is empowered to grant compensation over and above Rs.500 in
the subsequent judgment pronounced by this Court, the compensation
ordered to be paid is to be recovered under Section 431 of Cr.P.C., and
hence, the compensation imposed by the learned Magistrate Court is held to
be proper by the subsequent judgment and hence, the sole point as agitated
by the learned counsel for the respondent has no merit. Hence, the criminal
revision is dismissed.
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Crl.R.C.No.1048 of 2017
8. Six weeks time is granted to the petitioner for payment, failing
which the suspension order would stand automatically vacated. The learned
Magistrate is directed to dispose of the appeal, within a period of eight
weeks from the date of receipt of copy of this order.
9. Accordingly, the criminal revision case stands dismissed.
Consequently, connected miscellaneous petition is closed.
20.07.2021
AT
Index :Yes/No
Internet :Yes/No
To
1.The Additional Sessions Judge, Magalir Neethi Mandram
(Fast Track Mahila Court) at Erode.
https://www.mhc.tn.gov.in/judis/
Crl.R.C.No.1048 of 2017
RMT.TEEKAA RAMAN,J.,
AT
Crl.R.C.No.1048 of 2017 and
Crl.M.P.No.9949 of 2017
20.07.2021
https://www.mhc.tn.gov.in/judis/
