N.Perumal vs R.Murugesan
2022 Latest Caselaw 4163 Mad

                                                                        Crl.M.P.(MD) No.7390 of 2019


                         BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                           DATED: 03.03.2022

                                                CORAM:

                           THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                      Crl.M.P.(MD) No.7390 of 2019
                                                   in
                                    Crl.R.C(MD)SR.No. 26856 of 2018

                N.Perumal                                                   ...Petitioner

                                                      Vs.


                R.Murugesan                                                 ...Respondent

                PRAYER in Crl.M.P(MD)No.7390 of 2019: Criminal Miscellaneous

                Petition filed under Section 5 of Limitation Act, praying this Court to

                condone the delay of 320 days in representing the Crl.R.C.(MD)S.R.No.

                26856 of 2018 against C.A.No.42 of 2015 on the file of the Mahalir

                Neethamandram Fast Tract Mahila Court, Karur, dated 10.02.2016 in C.C.No.

                400 of 2014 on the file of the Fast Track Court (Magistrate Level) Karur,

                dated 14.07.2015.

                PRAYER In Crl.R.C.(MD)SR. No.26856 of 2018:This Criminal Revision

                Petition filed under Section 397 r/w 401 Cr.P.C. to set aside the judgment

                made in C.A.No.42 of 2015 on the file of the Mahalir Neethamandram Fast

                1/4

https://www.mhc.tn.gov.in/judis
                                                                            Crl.M.P.(MD) No.7390 of 2019


                Tract Mahila Court, Karur, dated 10.02.2016 convicting the petitioner for an

                offence under section 138 of Negotiable Instrument Act and sentenced to

                undergo 6 months simple imprisonment and fine sum of Rs.5000/- by

                confirming the judgment and modifying the sentence made in C.C.No.400 of

                2014 on the file of the Fast Track Court (Magistrate Level) Karur, dated

                14.07.2015 and allow the Criminal Revision Petition.

                                      For Petitioner   : Mr.S.Gokul Raj


                                                       ORDER

The petition has been filed to condone the delay of 320 days in

representing the Crl.R.C.(MD)SR.No.26856 of 2018.

2.The criminal revision case has been filed as against the judgment

passed in C.A.No.42 of 2015, on the file of the Mahalir Neethimandram Fast

Track Mahila Court, Karur, thereby, conviction sentence has been passed by

the trial Court in C.C.No.400 of 2014, dated 14.07.2015 on the file of the Fast

Track Court (Magistrate Level), Karur, for the offence punishable under

Section 138 of Negotiable Instruments Act.

https://www.mhc.tn.gov.in/judis Crl.M.P.(MD) No.7390 of 2019

3.Though the petitioner's conviction sentence was confirmed by both

the courts below, the petitioner even till today did not surrender before the

Court below and failed to pay the fine amount of Rs.5,000/-.

4.Therefore, the petitioner has no merits in the criminal revision case.

5.Further, on perusal of the affidavit filed in support of the condone

delay petition, it is revealed that no sufficient cause stated in the affidavit.

6.Therefore, this Court is not inclined to allow this petition.

Accordingly, this criminal miscellaneous petition is dismissed. Consequently,

the criminal revision case in Crl.R.C(MD)SR.No.26856 of 2018 is rejected in

SR stage itself.

03.03.2022

Internet:Yes Index:Yes/No lr 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.M.P.(MD) No.7390 of 2019

G.K.ILANTHIRAIYAN,J.

lr

Crl.M.P.(MD) No.7390 of 2019

03.03.2022

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