S.Devi ... Accused/ vs Gajalakshmi ...Complainant/
2023 Latest Caselaw 10345 Mad

                                                                               .Crl.RC.No.1162 of 2019.


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED: 14.08.2023

                                                         CORAM :

                       THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                  Crl.R.C.No.1162 of 2019
                                                            and
                                         Crl.M.P.Nos.15552, 15553 & 15554 of 2019


                     S.Devi                             ... Accused/Appellant/Petitioner

                                                            Vs.

                     Gajalakshmi                         ...Complainant/Respondent/Respondent

                     PRAYER: Criminal Revision filed under Section 397 & 401 of Cr.P.C.,
                     to set aside the judgment of the Principal Sessions Judge, Tiruvallur,
                     dated 22.01.2017 in C.A.No.83/2017 by erroneously confirming the
                     judgment dated 25.04.2017 passed by the Judicial Magistrate, Fast Track
                     Court (Magisterial Level), Ambattur in STC.No.91 of 2016, in
                     erroneously convicting the Petitioner herein under Section 138 of
                     Negotiable Instrument Act, and sentenced her to 5 months Simple
                     Imprisonment and compensation of Rs.2,52,000/- in default to undergo
                     one month Simple Imprisonment.


                                  For Petitioner   : Mr.M.Ravindhar
                                  For Respondent   : Mr.Gnana Banu
                                                     Legal Aid Counsel

                     1/5
https://www.mhc.tn.gov.in/judis
                                                                                 .Crl.RC.No.1162 of 2019.


                                                          ORDER

This Criminal Revision had been filed to set aside the judgment of

the Principal Sessions Judge, Tiruvallur, dated 22.01.2017 in

C.A.No.83/2017 by erroneously confirming the judgment dated

25.04.2017 passed by the Judicial Magistrate, Fast Track Court

(Magisterial Level), Ambattur in STC.No.91 of 2016.

2. On 08.06.2023, the learned Judge of this Court had directed the

Legal Aid Counsel to appear on behalf of the Respondent and adjourned

the case to 04.07.2023. On 04.07.2023, there was no representation on

either side. Therefore, it was adjourned to 11.07.2023 under the caption

“for dismissal”. On 11.07.2023, there was no representation for the

Petitioner. Therefore, this Court had directed the learned Judicial

Magistrate, Fast Track Court (Magisterial Level), Ambattur to issue

warrant to secure the Accused to undergo the sentence of imprisonment

as per the judgment passed in STC.No.91/2016 dated 25.04.2017 and

report compliance on 25.07.2023. On 25.07.2023, the report of the

learned Judicial Magistrate, Fast Track Court (Magisterial Level),

Ambattur was received vide letter bearing Dis.No.263/2023 dated

https://www.mhc.tn.gov.in/judis .Crl.RC.No.1162 of 2019.

20.07.2013 stating that warrant had been issued in STC.No.91/2016 to

secure the Accused as per letter in D.No.261/2023, dated 19.07.2023.

Accordingly, this Court directed the Commissioner of Police, Avadi to

form Special Unit regarding execution of Warrant. After judgment of

conviction recorded by the learned Judicial Magistrate, Fast Track Court

(Magisterial Level), Ambattur, this Court directed the Commissioner of

Police, Avadi to instruct the Station House Officer of the Police Station

concerned to secure the Accused against whom warrants are pending.

Therefore, it was adjourned to 14.08.2023.

3. Today, 14.08.2023, the case was posted under the caption “for

reporting compliance”. Therefore, the report of the learned Judicial

Magistrate, Fast Track Court (Magisterial Level), Ambattur was received

stating that the Accused had been secured in continuation of the

Judgment of conviction recorded by the learned Judicial Magistrate, Fast

Track Court (Magisterial Level), Ambattur in STC.No.91/2016.

Therefore, this Criminal Revision is dismissed as the Revision does not

have merit. There is no representation continuously for 3 or 4 past

hearing dates. The Respondent/Complainant can approach the Court

https://www.mhc.tn.gov.in/judis .Crl.RC.No.1162 of 2019.

concerned, either the learned Judicial Magistrate, Fast Track Court

(Magisterial Level) or the learned District Munsif seeking recovery of

the amount ordered in STC.No.91/2016.

In the result, this Criminal Revision is dismissed. Consequently,

connected Miscellaneous Petitions are closed.

14.08.2023 dh Index: Yes/No Internet:Yes/No Speaking Order/Non-speaking Order

Note: Issue Order copy on 14.08.2023

To

1. The Judicial Magistrate, Fast Track Court (Magisterial Level), Ambattur.

2. The Principal Sessions Court, Tiruvallur,

3. The Commissioner of Police, Avadi.

4. The Public Prosecutor, High Court, Madras.

https://www.mhc.tn.gov.in/judis .Crl.RC.No.1162 of 2019.

SATHI KUMAR SUKUMARA KURUP, J.

dh

Crl.RC.No.1162 of 2019

14.08.2023

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