P.Hariharan vs P.Udhayakumar
2023 Latest Caselaw 11666 Mad

                                                                                Crl.R.C.No.823 of 2018



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 31.08.2023

                                                       CORAM:

                    The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                 Crl.R.C.No.823 of 2018


                   P.Hariharan                                    ...Petitioner/Appellant/
                                                                     Accused

                                                          -Vs-


                   P.Udhayakumar                                  ...Respondent/Respondent/
                                                                     Complainant



                   Prayer:- Criminal Revision Case filed under Section 397 read with 401 of
                   Cr.P.C, to set aside the conviction and sentence imposed upon the
                   Petitioner herein by order dated 03.10.2016 passed in S.T.C.No.97 of 2016
                   on the file of the learned Judicial Magistrate, Fast Track Court (ML),
                   Tiruchengode, and confirmed the order dated 25.04.2018 passed in
                   C.A.No.27 of 2016 on the file of the learned Principal Sessions Judge,
                   Namakkal.

                                     For Petitioner   : Mr.V.Balamurugane
                                     For Respondent   : No appearance



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                                                                                 Crl.R.C.No.823 of 2018



                                                       ORDER

When the case came up for hearing on earlier occasion, there was no

representation for both parties. Therefore, this Court, as per the order dated

24.08.2023, directed the learned Judicial Magistrate, Fast Track Court

(ML), Tiruchengode, to offer remarks whether any amount had been

deposited before the learned Judicial Magistrate, Fast Track Court (ML),

Tiruchengode, in S.T.C.No.97 of 2016 dated 03.10.2016.

2. Accordingly, the learned Judicial Magistrate, Fast Track Court

(ML), Tiruchengode, had offered remarks in letter in D.No.1220 of 2023

dated 28.08.2023. As per the letter of the learned Judicial Magistrate, Fast

Track Court (ML), Tiruchengode, the Complainant had filed a memo to his

Counsel for the receipt of Rs.1 lakh from the Accused.

3. On perusal of the records, it is found that the cheque involved in

the case was for Rs.2,75,000/-. The learned Judicial Magistrate, Fast Track

Court (ML), Tiruchengode, had mechanically convicted the Accused for

six months of simple imprisonment and imposed fine of Rs.5,000/- instead

of the cheque amount. The learned Principal Sessions Judge, Namakkal,

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Crl.R.C.No.823 of 2018

had also dismissed the Appeal by judgment in Crl.A.No.27 of 2016 dated

25.04.2018 and confirmed the judgment of the learned Judicial Magistrate,

Fast Track Court (ML), Tiruchengode.

4. The Complainant had not approached this Court by way of any

representation.

5. In the light of the above, this Criminal Revision Case stands

dismissed.

31.08.2023

cda NOTE: Issue Order Copy by 31.08.2023

To

1.The Judicial Magistrate, Fast Track Court (ML), Tiruchengode.

2.The Principal Sessions Judge, Namakkal.

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

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Crl.R.C.No.823 of 2018

SATHI KUMAR SUKUMARA KURUP, J.,

cda

Crl.R.C.No.823 of 2018

31.08.2023

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