Madras High Court
Revathi vs Appamani on 6 October, 2022
Crl.OP.No.24522 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.10.2022
CORAM
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.O.P.No.24522 of 2022
and
Crl.M.P.No.15409 of 2022
Revathi ... Petitioner
Vs.
Appamani ... Respondent
PRAYER: This Criminal Original Petition filed under Section 482 of Cr.P.C., to
call for the records pertaining to the order passed in Crl.M.P.No.1964 of 2022 in
Crl.A.No.20 of 2022 dated 30.09.2022 on the file of Principal District Judge,
Dharmapuri and to set aside the same and consequently extend the time of 90 days
from the date of order passed in C.C.No.99 of 2016 on the file of Judicial
Magistrate Fast Track Court (ML) Dharmapuri dated 24.08.2022 for executing the
sureties and for deposit of compensation amount before Hon'ble Judicial
Magistrate Fast Track Court (ML), Dharmapuri.
For Petitioner : Mr.J.Prakasam
1/5
https://www.mhc.tn.gov.in/judis
Crl.OP.No.24522 of 2022
ORDER
This Criminal Original Petition has been filed to call for the records
pertaining to the order passed in Crl.M.P.No.1964 of 2022 in Crl.A.No.20 of 2022
dated 30.09.2022 on the file of Principal District Judge, Dharmapuri and to set
aside the same and consequently extend the time of 90 days from the date of order
passed in C.C.No.99 of 2016 on the file of Judicial Magistrate Fast Track Court
(ML) Dharmapuri dated 24.08.2022 for executing the sureties and for deposit of
compensation amount before Hon'ble Judicial Magistrate Fast Track Court (ML),
Dharmapuri.
2. The learned counsel for the petitioner would submit that the petitioner
herein is an accused in C.C.No.99 of 2016 for an offence under Section 138 of
Negotiable Instrument Act before the learned Judicial Magistrate, Fast Track
Court (ML), Dharmapuri and the trial Court, by order dated 24.08.2022, had
convicted the petitioner and sentenced him to undergo simple imprisonment for a
period of 1 year and imposed fine of Rs. 9 lakhs as compensation, to the
complainant in default, to undergo further six months simple imprisonment.
https://www.mhc.tn.gov.in/judis
Crl.OP.No.24522 of 2022
Aggrieved over the same, the petitioner had filed an appeal in Crl.A.No.20 of
2022 before the learned Principal District Judge and the same was pending. He
would also submit that she also filed a petition in Crl.M.P.No.1800 of 2022 to
suspend the sentence and the same was allowed with a condition to execute the
sureties and deposit a sum of Rs.1,80,000/- before the Trial Court on or before
24.09.2022. He would further submit that the petitioner had filed a petition in
Crl.M.P.No.1964 of 2022 seeking to extend the time and the learned Judge had
extended the time till 07.10.2022. In support of his contentions, learned counsel
for the petitioner also relied upon a judgment of High Court of Delhi in
Crl.M.C.Nos.702 and 703 of 2022 and Crl.M.A.NOs.2998 and 3000 of 2022.
Hence, he seeks extension of time to execute the sureties and deposit the
compensation amount before the trial Court.
3. Heard the learned counsel for the petitioner and perused the materials
available on record.
4. The petitioner herein is a convict in C.C.No.99 of 2016 and an appeal is
pending in Crl.A.No.20 of 2022. The learned Sessions Judge has passed orders
https://www.mhc.tn.gov.in/judis
Crl.OP.No.24522 of 2022
directing the petitioner to deposit the compensation amount in C.M.P.No.1800 of
2022 dated 12.09.2022 before the learned Judicial Magistrate (Fast Track Court),
Dharmapuri on or before 07.10.2022 without fail. The Crl.M.P.No.1964 of 2022
had been filed seeking extension of time and the order passed by the learned
Principal Sessions Judge in Crl.M.P.No.1964 of 2022 is questioned in this
petition. In the facts and circumstances of the case, time is granted for a period of
90 days to deposit the amount before the learned Judicial Magistrate, Fast track
court(ML), Dharmapuri and also for executing the sureties.
5. With the above directions, this Criminal Original Petition is disposed of.
Consequently, connected miscellaneous petition is closed.
06.10.2022
Internet : Yes / No
Index : Yes / No
Speaking / Non Speaking order
nr/jai
To
1. The Judicial Magistrate Fast Track Court (ML)
Dharmapuri
https://www.mhc.tn.gov.in/judis
Crl.OP.No.24522 of 2022
SATHI KUMAR SUKUMARA KURUP, J.
nr/jai
Crl.O.P.No.24522 of 2022
and
Crl.M.P.No.15409 of 2022
06.10.2022
https://www.mhc.tn.gov.in/judis
