N.Duraisamy vs V.Balasubramanian
2023 Latest Caselaw 11568 Mad

                                                                                 Crl.R.C.No.1100 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 30.08.2023

                                                        CORAM:

                      The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                 Crl.R.C.No.1100 of 2019

                   N.Duraisamy                                    ...Petitioner/Appellant/
                                                                     Accused
                                                          -Vs-

                   V.Balasubramanian                              ...Respondent/Respondent/
                                                                     Complainant

                   Prayer:- Criminal Revision Case filed under Section 397 read with 401 of
                   Cr.P.C, to set aside the judgment and conviction dated 16.08.2019 made in
                   C.A.No.51 of 2019 on the file of the learned Principal Sessions Judge,
                   Erode, and confirming the judgment and conviction dated 10.01.2019
                   made in S.T.C.No.129 of 2014 on the file of the learned Judicial
                   Magistrate Fast Track Court II, Erode.

                                     For Petitioner    : Mr.C.S.Saravanan
                                     For Respondent    : Mr.I.Syed Sibghatulla


                                                       ORDER

The Revision Petitioner is arrayed as Accused before the learned

Judicial Magistrate Fast Track Court II, Erode, in S.T.C.No.129 of 2014

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

Crl.R.C.No.1100 of 2019

dated 10.01.2019, and he had been acquitted for the offence under Section

138 of the Negotiable Instruments Act. Aggrieved by the same, the

Respondent herein had filed C.A.No.51 of 2019 before the learned

Principal Sessions Judge, Erode.

2. The learned Principal Sessions Judge, Erode, by judgment dated

16.08.2019, reversed the finding of acquittal and convicted the Accused.

The Accused, who had suffered conviction before the learned Principal

Sessions Judge, Erode, had preferred this Criminal Revision Case.

3. There was no representation repeatedly after several

adjournments. Therefore, this Court had sought remarks from the learned

Judicial Magistrate Fast Track Court II, Erode.

4. The learned Judicial Magistrate Fast Track Court II, Erode, in

letter in D.No.1379 of 2023 dated 03.08.2023 had sought time for

execution of the warrant. Accordingly, in the light of the above letter, the

case was adjourned to 30.08.2023.

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Crl.R.C.No.1100 of 2019

5. Today, 30.08.2023, the case is posted under the caption ''For

Reporting Compliance'' expecting report from the learned Judicial

Magistrate Fast Track Court II, Erode.

6. The learned Judicial Magistrate Fast Track Court II, Erode, in

letter in D.No.1501 of 2023, dated 28.08.2023, had stated that the Accused

was secured and remanded to prison in the light of the judgment in

C.A.No.51 of 2019 by the learned Principal Sessions Judge, Erode, dated

16.08.2019.

7. In the light of the above discussion, this Criminal Revision

Case stands dismissed.

30.08.2023

cda NOTE: Issue Order Copy by 31.08.2023.

To

1.The Judicial Magistrate Fast Track Court II, Erode.

2.The Principal Sessions Judge, Erode.

3.The Section Officer, VR Records, High Court, Chennai.

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

Crl.R.C.No.1100 of 2019

SATHI KUMAR SUKUMARA KURUP, J.,

cda

Crl.R.C.No.1100 of 2019

30.08.2023

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