S.Sakthi vs A.Vahitha Banu
2022 Latest Caselaw 11622 Mad

                                                                               Crl.O.P.No.14946 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 30.06.2022

                                                          CORAM

                            THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                 Crl.O.P.No.14946 of 2022


                S.Sakthi                                                    ... Petitioner
                                                           Vs.
                A.Vahitha Banu
                Proprietor
                M/s.Bava Traders
                No.26, Nehru Road,
                Edyampatti
                Jolarpettai,
                Vellore District.                                           ... Respondent


                Prayer:           This Criminal Original Petition filed under Section 482 Cr.P.C.
                praying to direct the Judicial Magistrate No.I, Tirupathur to issue the certified
                copy of the Judgment dated 22.12.2021 passed in S.T.C.No.469 of 2018 in copy
                application Sr.No.542 of 2022 which was returned on 28.02.2022 and pass any
                other orders.


                                         For Petitioner    : Mr.D.Bennington




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https://www.mhc.tn.gov.in/judis
                                                                                 Crl.O.P.No.14946 of 2022

                                                        ORDER

This Criminal Original Petition has been filed seeking to direct the

learned Judicial Magistrate No.I, Tirupathur, to issue the certified copy of the

Judgment dated 22.12.2021 passed in S.T.C.No.469 of 2018 in copy application

Sr.No.542 of 2022 which was returned on 28.02.2022.

2. It appears that the petitioner was absent during the pronouncement of

the Judgment wherein the learned Magistrate has convicted the petitioner for

the offence under Section 138 of Negotiable Instruments Act.

3. The contention of the petitioner is that to file an appeal, the certified

copy of the Judgment is required. Hence, he seeks for a direction to the trial

Court to issue the certified copy of the Judgment.

4. The petitioner is directed to surrender before the learned Judicial

Magistrate No.I, Tirupathur within 10 days from the date of receipt of a copy of

this order and file a petition for suspension of sentence as per law. On such

petition, the learned Magistrate shall consider the same on merits on the same

day and also provide him the certified copy of the Judgment.

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14946 of 2022

5. With the above directions, this Criminal Original Petition is disposed

of.

30.06.2022

Speaking Order/Non-speaking Order Index :Yes/No Internet:Yes/No ksa-2 Note: Issue order copy on 04.07.2022

To

The Judicial Magistrate No.I, Tirupathur

https://www.mhc.tn.gov.in/judis Crl.O.P.No.14946 of 2022

N. SATHISH KUMAR,J.

ksa-2

Crl.O.P.No.14946 of 2022

30.06.2022

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