Madras High Court
V.N.Meiygnanamoorthi ... vs Senthilvel on 12 September, 2023
Crl.R.C.No.1268 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.09.2023
CORAM:
The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
Crl.R.C.No.1268 of 2019
V.N.Meiygnanamoorthi ...Revision Petitioner/Accused
-Vs-
Senthilvel ...Respondent/Complainant
Prayer:- Criminal Revision Case filed under Section 397 read with 401 of
Cr.P.C, to call for records of the case in C.A.No.27 of 2015 on the file of
the learned Principal Sessions Judge, Namakkal, dated 17.03.2016
confirming the judgment passed in C.C.No.205 of 2012 on the file of the
learned Judicial Magistrate, Rasipuram, dated 19.06.2015 and set aside the
conviction of the Petitioner and direct that the Petitioner be set at liberty.
For Petitioner : Mr.W.M.Abdul Majeed
For Respondent : Mr.J.Prithivi
for Mr.S.Kaithamalai Kumaran
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Crl.R.C.No.1268 of 2019
ORDER
This Criminal Revision Case is filed to set aside the judgment
passed in C.A.No.27 of 2015 on the file of the learned Principal Sessions
Judge, Namakkal, dated 17.03.2016, confirming the judgment passed in
C.C.No.205 of 2012 on the file of the learned Judicial Magistrate,
Rasipuram, dated 19.06.2015.
2. This Court, by order dated 25.08.2023, had passed the following
order:-
“When the case came up for hearing on earlier
occasion, the learned Counsel for the Revision
Petitioner sought time to settle the dispute amicably.
The learned Counsel for the Revision Petitioner
sought to refer the matter to the Mediation Centre.
The request of the learned Counsel for the Revision
Petitioner was rejected by this Court, granting time to
settle the amount, if the intention of the Revision
Petitioner is bona fide. Accordingly, the case was
adjourned from 05.07.2023 to 12.07.2023, and again
from 12.07.2023 to 17.07.2023. Subsequently,
adjourned to 28.07.2023. On 28.07.2023, the case did
not reach for the hearing in the list. Therefore, it was
automatically adjourned to 24.08.2023.
2. On 24.08.2023, the learned Counsel for the
Revision Petitioner was ready with Demand Draft for
Rs.15 lakhs, stating that at the time of filing this
Criminal Revision Case on suspension of sentence
and granting bail, this Court had insisted for deposit
of part of the amount before the Trial Court.
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Crl.R.C.No.1268 of 2019
Therefore, Rs.3 lakhs was deposited before the
learned Judicial Magistrate, Rasipuram. Therefore,
balance of Rs.15 lakhs is taken as Demand Draft and
is ready to be handed over to the learned Counsel for
the Respondent/Complainant. Learned Counsel for
the Respondent submitted that she has to take
instructions from the Respondent/Complainant. On
such request, the case was adjourned to 25.08.2023.
3. Today, 25.08.2023, when the case came up
for hearing, the learned Counsel for the
Respondent/Complainant submitted that the
Respondent/Complainant is not willing to accept the
amount.
4. On perusal of the judgment of the learned
Judicial Magistrate, Rasipuram, in C.C.No.205 of
2012, dated 19.06.2015, it is found that the learned
Judicial Magistrate, Rasipuram, had sentenced the
Accused to one year of simple imprisonment and
imposed fine of Rs.5,000/-. When the Accused had
preferred the Appeal in Crl.A.No.27 of 2015 before
the learned Principal Sessions Judge, Namakkal. The
Criminal Appeal was dismissed as per the judgment
dated 17.03.2016, confirming the judgment of
conviction, sentence of imprisonment, and fine
imposed by the learned Judicial Magistrate,
Rasipuram, in C.C.No.205 of 2012, dated 19.06.2015.
5. When the Revision Petitioner is ready to pay
the amount with the Demand Draft of Rs.15 lakhs, the
learned Counsel for the Respondent/Complainant
insisted that the terms are not likely for settlement.
The Respondent is not ready for settlement.
6. In the light of these developments, this
Court directs the Revision Petitioner/Accused to
cancel the Demand Draft taken in the name of the
Respondent/Complainant and take a fresh Demand
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Crl.R.C.No.1268 of 2019
Draft in the name of the designation of the learned
Judicial Magistrate, Rasipuram, and deposit the
amount of Rs.15 lakhs before the learned Judicial
Magistrate, Rasipuram, in C.C.No.205 of 2012 dated
19.06.2015.
7. The learned Judicial Magistrate,
Rasipuram, is directed to report compliance to this
Court regarding the amount paid/deposited by the
Accused on the file of the learned Judicial
Magistrate, Rasipuram, in C.C.No.205 of 2012
dated 19.06.2015, by way of e-mail on or before
11.09.2023.
8. Post the matter on 12.09.2023.”
3. Today 12.09.2023 in continuation of the order passed by this
Court on 25.08.2023, this Court had directed the Revision Petitioner who
was the Accused before the Trial Court to deposit the amount that he had
taken as Demand Draft for Rs.15 lakhs. The Revision Petitioner as
Accused was directed to deposit the amount before the learned Judicial
Magistrate, Rasipuram.
4. Accordingly, the Revision Petitioner/Accused had cancelled the
Demand Draft that he had already obtained in favour of the Respondent
and had filed a fresh Demand Draft and deposited the amount before the
learned Judicial Magistrate, Rasipuram, for Rs.15 lakhs.
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Crl.R.C.No.1268 of 2019
5. The remarks offered by the learned Judicial Magistrate,
Rasipuram, in letter in D.No.1792 of 2023, dated 08.09.2023, had stated
that the Accused had deposited Rs.15 lakhs by way of Demand Draft
(D.D.No.842157 dated 07.09.2023) on the file of the learned Judicial
Magistrate, Rasipuram, dated 08.08.2023.
6. In the light of the above above developments, the Criminal
Revision Case stands disposed of as settled. The Respondent may
approach the Court of the learned Judicial Magistrate, Rasipuram, and file
appropriate Petition. The sentence of imprisonment is set aside.
12.09.2023
cda
Index : Yes/No
Speaking/Non-speaking order
To
1.The Principal Sessions Judge, Namakkal.
2.The Judicial Magistrate, Rasipuram.
3.The Section Officer, VR Records,
High Court, Chennai.
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1268 of 2019
SATHI KUMAR SUKUMARA KURUP, J.,
cda
Crl.R.C.No.1268 of 2019
12.09.2023
https://www.mhc.tn.gov.in/judis
