Madras High Court
M/S. Shreepavi Constructions vs M/S. Mvm Builders And Promoters on 17 July, 2023
Crl.R.C.Nos.1077,1078,1079,1080 & 1081 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.07.2023
CORAM:
The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.R.C.Nos.1077, 1078, 1079, 1080 & 1081 of 2021
and
Crl.M.P.No.4671 of 2023
M/s. Shreepavi Constructions,
Rep. by its Proprietor Mr.S.Alaghesan,
S/o K.Shanmugam, No.5/451,
Pari Road, Mogappair East,
Chennai- 600 037. ... Petitioner
(in all Crl.R.Cs)
Versus
M/s. MVM Builders and Promoters,
Rep. by its Proprietor Mr.B.Lakshmi Narasimhan,
S/o. Mr.V.G. Babu Rao, having office at
No.25, Thiruvasagam 2nd Street,
Sri Balaji Nagar Pattibaram,
Chennai – 600 072. ... Respondent
(in all Crl.R.Cs)
Prayer: Criminal Revision Petitions filed under Section 397(1) and
401 of the Code of Criminal Procedure, to call for the records pertaining to
the judgment dated 28.10.2021 made in Crl.A.Nos.143, 144, 145, 141 &
142 of 2018 respectively, by the learned I Additional District and Sessions
Judge, Thiruvallur, confirming the judgment dated 30.07.2018 in
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1077,1078,1079,1080 & 1081 of 2021
S.T.C.Nos.116, 117, 118, 114 & 115 of 2016 respectively, passed by the
Learned Judicial Magistrate, Fast Track Court, Magisterial Level at
Thiruvallur, convicting the petitioner under Section 138 of the Negotiable
Instruments Act, sentencing him to undergo simple imprisonment for a
period of 1 year and 6 months and ordering the petitioner to pay a
compensation of Rs.19,44,030/-, Rs.20,24,770/-, Rs.18,62,080/-,
Rs.22,79,950/- and Rs.19,86,930/- respectively, under Section 357 of
Cr.P.C., in default to undergo simple imprisonment for 3 months, and set
aside the same.
For Petitioner : Mr. V.S.Sivanupandian
(in all Cases)
For Respondent : Mr. S.Thiruvengadam
(in all Cases)
COMMON ORDER
The accused / M/s.Shreepavi Constructions suffered with the
judgment of conviction passed in S.T.C.Nos.116, 117, 118, 114 & 115 of
2016 respectively, dated 30.07.2018 by the learned Judicial Magistrate,
Fast Track Court Magisterial Level, Thiruvallur District and the same was
confirmed before the learned I-Additional District and Sessions Judge,
Thiruvallur, by a Judgment dated 28.10.2021 in Crl.A.Nos.143, 144, 145,
141 & 142 of 2018 respectively, and dismissed the appeals. Aggrieved by
the same, the present revisions have been filed before this Court.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1077,1078,1079,1080 & 1081 of 2021
2.When these cases came up for hearing on 26.07.2022 on request of
the learned Counsel for the petitioner, time granted upto 04.08.2022, to
deposit the 30% of the cheque amount, as imposed by this Court
Subsequently, these cases came up for hearing on 17.04.2023, wherein, it
is recorded that the learned Counsel for the petitioner had settled some
portion of the amount and sought further time to settle the remaining
portion of the amount, on his request the case was adjourned by
30.06.2023.
3.Thereafter, the case was not posted, therefore, the respondent
counsel made his grievance before this Court that these revision cases are
not listed as per the earlier adjudication of this Court. Therefore, the
Registrar Judicial was directed to hold an inquiry on the lapse committed
by the staff in the Criminal Section. Thereafter, the case was posted on
14.07.2023. Therefore, the case was come up for hearing on 14.07.2023.
4.On 14.07.2023, the learned Counsel for the revision petitioner was
directed to proceed with the arguments as sufficient time has already
granted by this Court to settle the matter. Further, the learned Counsel for
the revision petitioner submitted that the order of this Court was not
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1077,1078,1079,1080 & 1081 of 2021
considered and the time granted by this Court has already been expired.
Therefore, these cases were adjourned on condition to proceed further,
otherwise, the cases of the revision petitioner would be dismissed with a
direction warrant by the Trial Court and posted on 17.07.2023.
5.Today, 17.07.2023, the learned Counsel appearing for the revision
petitioner seeks further time to settle the balance amount. It seems to be
that the revision petitioner wants to evade from the proceedings. To
protract the revision thereby evading from the Judgment of conviction and
sentence imposed on him by the learned Judicial Magistrate, Fast Track
Court, Thiruvallur, which was confirmed by the learned District and
Sessions Judge, Thiruvallur.
6.Instead of undergoing the imprisonment and paying the balance
amount, the Criminal Revisions have been filed in the year 2021. The
revision petitioner had protracted the Criminal Revision proceedings.
Therefore, this Court feels that there are no merits in the case, and the
Criminal Revisions are liable to be dismissed.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1077,1078,1079,1080 & 1081 of 2021
7.The learned Judicial Magistrate, Fast Track Court, Magisterial
Level at Thiruvallur, is directed to issue warrant and secure the accused.
The respondent/Police shall proceed further after obtaining necessary
orders of the warrant from the Court concerned.
8.The learned Counsel for the respondent/Complainant would seek
permission of this Court to withdraw the 30% of the amount, deposited by
the revision petitioner at the time of grant of suspension of sentence before
the Trial Court by the accused. Permission is granted to the complainant
before the Trial Court to withdraw the amount deposited in the Court by
the accused.
9. With the above observations, the Criminal Revision Petitions are
dismissed. Consequently, the connected miscellaneous petition is closed.
17.07.2023
klt
To
1.The I Additional District and Sessions Court, Thiruvallur.
2.The Judicial Magistrate, Fast Track Court,
Magisterial Level at Thiruvallur.
https://www.mhc.tn.gov.in/judis
Crl.R.C.Nos.1077,1078,1079,1080 & 1081 of 2021
SATHI KUMAR SUKUMARA KURUP, J.,
klt
Crl.R.C.Nos.1077, 1078, 1079, 1080 & 1081 of 2021
and
Crl.M.P.No.4671 of 2023
17.07.2023
https://www.mhc.tn.gov.in/judis
