Madras High Court
U.Muthukrishnan vs K.Karuppasamy on 20 June, 2023
Crl.M.P.(MD)No.7324 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 20.06.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.M.P.(MD)No.7324 of 2023
in
Crl.R.C(MD)No.SR 16349 of 2023
U.Muthukrishnan ... Petitioner
Vs.
K.Karuppasamy ... Respondent
PRAYER in Crl.M.P(MD)No.7324 of 2023: Criminal Miscellaneous
Petition filed under Section 5 of Limitation Act, to condone the delay of
1003 days in filing the above Criminal Revision against the order passed in
C.A.No.25 of 2017 on the file of the II Additional Sessions Court,
Thoothukudi and confirming the judgment, dated 28.02.2017 passed
inC.C.No.209 of 2014 on the file of the Fast Track Court (Magisterial
Level) Thoothukudi, Thoothukudi District.
PRAYER in Crl.R.C(MD)No.SR 16349 of 2023 : Criminal Revision
Petition filed under Section 397 r/w 401 of Cr.P.C, to call for the records
of the judgement dated 05.03.2018 passed in C.A.No.25 of 2017 on the file
of the II Additional Sessions Court, Thoothukudi, Thoothukudi District
1/5
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Crl.M.P.(MD)No.7324 of 2023
confirming the judgment, dated 28.02.2017 passed in C.C.No.209 of 2014
on the file of the Fast Track Court (Magisterial Level) Thoothukudi,
Thoothukudi District and set aside the same.
For Petitioner : Mr.S.Muthumalairaja
ORDER
This Criminal Miscellaneous Petition has been filed seeking orders
to condone the delay of 1003 days in filing the above Criminal Revision
against the order passed in C.A.No.25 of 2017 on the file of the
II Additional Sessions Court, Thoothukudi, confirming the judgment,
dated 28.02.2017 passed in C.C.No.209 of 2014 on the file of the Fast
Track Court (Magisterial Level) Thoothukudi, Thoothukudi District.
2. When the matter was taken up for hearing on 12.06.2023, the
learned counsel for the petitioner submitted that the petitioner is ready to
deposit 50% of the cheque amount before the concerned Court.
3. When the matter is taken up for hearing today (i.e., 20.06.2023),
the learned counsel for the petitioner would submit that the petitioner has
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Crl.M.P.(MD)No.7324 of 2023
not deposited the amount as agreed by him. In the affidavit filed in support
of the delay condonation petition, it has been stated that as he was
suffering from permanent disease, he has taken native treatment; that due
to Covid-19 and also due to his illness, he could not able to contact the
trial Court counsel and he could not able to collect the trial Court
documents in time, that he approached the present counsel for filing
revision along with trail Court counsel, but the said counsel did not file the
revision in time and that since the petitioner wanted to settle the issue
amicably and sufficient time for paying the entire amount may be given.
4. The petitioner has not stated any particulars about the disease, he
was suffering and where and the period in which he had taken nativity
treatment. Moreover, as already pointed out, after the judgement of the trial
Court on 28.02.2017, he has preferred an appeal and the same was also
ordered to be dismissed on 05.03.2018. The petitioner has not canvassed
any other reason or explanation for the inordinate delay. Hence, this Court
is not inclined to condone the delay.
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Crl.M.P.(MD)No.7324 of 2023
5. In the result, the Criminal Miscellaneous Petition is dismissed.
Consequently, the Criminal Revision is rejected at the SR stage itself.
20.06.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
das
To
1.The II Additional Sessions Judge,
Thoothukudi.
2.The Section Officer,
Criminal Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
Crl.M.P.(MD)No.7324 of 2023
K.MURALI SHANKAR,J.
das
Order made in
Crl.M.P.(MD)No.7324 of 2023
in
Crl.R.C(MD)No.SR 16349 of 2023
Dated: 20.06.2023
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