Mr.P.T.Moideen @ Moidu vs Mr.N.R.Senthilkumar
2023 Latest Caselaw 9036 Mad

                                                                                 Crl.R.C.No.1260 of 2019



                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 26.07.2023

                                                        CORAM:

                      The Hon'ble MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                 Crl.R.C.No.1260 of 2019


                   Mr.P.T.Moideen @ Moidu                          ...Petitioner/Appellant/
                                                                      Complainant


                                                          -Vs-


                   Mr.N.R.Senthilkumar                             ...Respondent/Respondent/
                                                                      Accused


                   Prayer:- Criminal Revision Petition filed under Section 397 read with 401
                   of Cr.P.C, to set aside the judgment of the learned Sessions Judge of the
                   Nilgiris at Udhagamandalam in C.A.No.65 of 2018 dated 29.07.2019
                   confirming the judgment and sentence passed by the learned Judicial
                   Magistrate, Udhagamandalam in S.T.C.No.848 of 2013 dated 11.09.2018
                   and call for the records and acquit the Petitioner from all the charges.


                                     For Petitioner    : Mr.P.P.Prakash Paul
                                     For Respondent    : M/s.R.Saritha
                                                         for Mr.J.Bharathiraja



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                                                                                  Crl.R.C.No.1260 of 2019



                                                        ORDER

When the case came up for hearing on 21.06.2023, learned Single

Judge who was presiding over this Roster had directed the Registry to call

for remarks from the learned Judicial Magistrate, Udhagamandalam, in

S.T.C.No.848 of 2013 dated 11.09.2018 as to whether the condition order

had been complied with or not. The Registry was also directed to issue

summons to the Revision Petitioner/Accused for his appearance before this

Court on 19.07.2023.

2.On 19.07.2023, when the case came up for hearing in the list, the

learned Counsel for the Revision Petitioner sought an adjournment.

Therefore, the case was adjourned to 26.07.2023.

3.Today, 26.07.2023, the learned Counsel for the Revision Petitioner

is present in Court along with the Revision Petitioner.

4.To the query of this Court to the Revision Petitioner, he states that

by the time this Court had granted suspension of sentence and bail, the

COVID-19 lockdown had intervened. Therefore, he was in financial

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Crl.R.C.No.1260 of 2019

difficulty and he was unable to deposit the amount of Rs.1 lakh before the

learned Judicial Magistrate, Udhagamandalam, but he had executed the

sureties and the bail bond.

5.To the query of this Court after the COVID-19 lockdown that he

had not deposited the amount before the Court concerned. He submitted

that he is unable to deposit as he is now working as a helper in a hotel. The

representation of the Revision Petitioner cannot at all be accepted.

6.Considering the fact that on 19.06.2023, the learned Single Judge

of this Court had sought remarks from the Court, suspecting the inclination

of the Revision Petitioner in not proceeding with arguments after having

filed this Criminal Revision Case. In cases of this nature when the Trial

Court judgment is confirmed in Appeal, Revision Case, which is filed only

to protract the proceedings and not with the bona fide intention to dispose

of the case. Therefore, based on the experience of the Judges, the learned

Single Judge had sought remarks from the learned Judicial Magistrate,

Udhagamandalam.

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Crl.R.C.No.1260 of 2019

7.Accordingly, remarks had been received from the learned Judicial

Magistrate, Udhagamandalam, in D.No.1290/2023 dated 13.07.2023, in

which it is stated that the Accused before the Trial Court, the Revision

Petitioner herein had not deposited the amount till date.

8.From the remarks offered by the learned Judicial Magistrate,

Udhagamandalam, and the direction of the learned Single Judge of this

Court as per order dated 21.06.2023, this Criminal Revision Case does not

have any merit and the conduct of the Revision Petitioner is not found fair.

9.Therefore, in the light of the above developments and the

subsequent conduct of the Revision Petitioner after obtaining order of

suspension of the sentence of imprisonment imposed on him as Accused in

S.T.C.No.843 of 2013 on the file of the learned Judicial Magistrate,

Udhagamandalam, which was confirmed in Appeal by the learned

Principal District Judge, Udhagamandalam, by dismissing the Appeal in

Criminal Appeal.No.65 of 2018 in not complying with the orders of this

Court in depositing Rs.1,00,000/- before the Court of the learned Judicial

Magistrate, Udhagamandalam, even after four years from the date of the

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Crl.R.C.No.1260 of 2019

order suspending the sentence of imprisonment, this Criminal Revision

Case does not have merit.

10.In the light of the above discussion, this Civil Revision Case

stands dismissed and this Court directs the Revision Petitioner to

surrender before the learned Judicial Magistrate, Udhagamandalam,

within 15 days, failing which the Respondent will initiate steps to

declare him as proclaimed offender.

26.07.2023 cda Index : Yes/No Speaking/Non-speaking order

NOTE: Issue Order Copy on 27.07.2023

To

1.The Judicial Magistrate, Udhagamandalam.

2.The Sessions Judge, Nilgiris, Udhagamandalam.

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Crl.R.C.No.1260 of 2019

SATHI KUMAR SUKUMARA KURUP, J.,

cda

Crl.R.C.No.1260 of 2019

26.07.2023

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