L.Kamal vs R.Archana
2021 Latest Caselaw 14792 Mad

                                                                               Crl.R.C.No.1473 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 23.07.2021

                                                        CORAM:

                           THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

                                                  Crl.R.C.No.1473 of 2018

                     L.Kamal                                        ... Petitioner/Accused
                                                            Vs.
                     R.Archana                                      ... Respondent/Complainant

                     PRAYER: This Criminal Revision Case has been filed under Sections
                     397 and 401 of Cr.P.C against the order passed in Crl.Appeal No.333 of
                     2018 on 29.11.2018 by the learned XVII Additional City Civil Court,
                     Chennai, confirming the judgment passed in C.C.No.202 of 2016, on
                     28.05.2018 convicting the accused for the offence under Section 138 of
                     the Negotiable Instruments Act and sentenced to undergo ten months
                     simple imprisonment and to pay a compensation of Rs.15,00,000/- to the
                     complainant under Section 357(3) of Cr.P.C within one month and in
                     default of payment of the compensation, he shall further ordered to
                     undergo two months simple imprisonment as default sentenced by the
                     learned Metropolitan Magistrate, Fast Track Court IV, George Town,
                     Chennai- 600 001.


                                     For Petitioner      : Mr.M.Asokaa
                                     For Respondent      : Mr.M.Marimuthu




https://www.mhc.tn.gov.in/judis/
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                                                                              Crl.R.C.No.1473 of 2018

                                                      ORDER

The revision petitioner is the sole accused, who was convicted in

C.C.No.202 of 2016, on the file of the learned Metropolitan Magistrate,

Fast Track Court – IV, George Town, Chennai – 1, for the offence under

Section 138 of the Negotiable Instruments Act and the learned Judge has

imposed the sentence to undergo ten months simple imprisonment and to

pay a compensation of Rs.15,00,000/-. As against which, the accused has

filed Criminal Appeal in Crl.A.No.333 of 2018, before the learned XVII

Additional City Civil Court, Chennai and the same was dismissed on

29.11.2018. Hence, the Criminal Revision Case.

2.At the time of admission of this Criminal Revision Case, stay

was granted on condition to pay a fine of Rs.5,00,000/- and the same was

deposited by the revision petitioner to the credit of C.C.No.202 of 2016.

In the meantime, the respondent/private complainant has filed a petition

in Crl.M.P.No.4403 of 2019, seeking permission to receive the said

amount of Rs.5,00,000/-.

3.At this juncture, it is came to light that after filing of

Crl.M.P.No.4403 of 2019, the sole revision petitioner/accused died on https://www.mhc.tn.gov.in/judis/

Crl.R.C.No.1473 of 2018

24.03.2019 and death certificate has also been produced. Accordingly,

proceedings in this revision stands abated and the respondent

herein/complainant is permitted to withdraw the deposited amount since

the revision petitioner/accused has already deposited an amount of

Rs.5,00,000/-.

4.Accordingly, this Criminal Revision Case stands dismissed as

abated.

23.07.2021 Index : Yes/No Internet : Yes/No dua

Note: Issue order copy on 27.07.2021.

To

1.The XVII Additional City Civil Court, Chennai.

2.The Metropolitan Magistrate, Fast Track Court IV, George Town, Chennai- 600 001.

https://www.mhc.tn.gov.in/judis/

Crl.R.C.No.1473 of 2018

RMT.TEEKAA RAMAN, J.

dua

Crl.R.C.No.1473 of 2018

23.07.2021

https://www.mhc.tn.gov.in/judis/