Sathya ...Revision vs R.Ponnusamy
2023 Latest Caselaw 12912 Mad

                                                                                 Crl.R.C.No.1286 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 21.09.2023

                                                        CORAM:

                    The Honourable MR.JUSTICE SATHI KUMAR SUKUMARA KURUP

                                                 Crl.R.C.No.1286 of 2019

                   Sathya                                    ...Revision Petitioner/Appellant/
                                                                Accused

                                                           -Vs-

                   R.Ponnusamy                               ...Respondent/Respondent/
                                                                Complainant

                   Prayer:- Criminal Revision Case filed under Section 397 read with 401 of
                   Cr.P.C, to set aside the judgment passed in C.C.No.151 of 2016 on the file
                   of the learned Judicial Magistrate, Fast Track Court No.II, Magisterial
                   Level, Coimbatore, dated 05.04.2018, confirmed in C.A.No.174 of 2018
                   dated 04.09.2019 on the file of the learned V Additional District and
                   Sessions Judge, Coimbatore.


                                     For Petitioner    : No appearance
                                     For Respondent    : Mr.A.Suresh Sakthi Murugan

                                                       ORDER

This Civil Revision Case is filed to set aside the judgment passed in

C.C.No.151 of 2016 on the file of the learned Judicial Magistrate, Fast

Track Court No.II, Magisterial Level, Coimbatore, dated 05.04.2018, https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1286 of 2019

which was confirmed by the learned V Additional District and Sessions

Judge, Coimbatore, in C.A.No.174 of 2018 dated 04.09.2019.

2. When the case came up for hearing on 24.08.2023, there was no

representation for the Revision Petitioner. The learned Counsel for the

Respondent was present in Court. Therefore, this Court had sought

remarks from the learned Judicial Magistrate, Fast Track Court No.II

Magisterial Level, Coimbatore, regarding the amount deposited by the

Accused in C.C.No.151 of 2016 as per the judgment dated 05.04.2018. The

learned Judicial Magistrate, Fast Track Court No.II, Magisterial Level,

Coimbatore, was directed to offer remarks by return of email on or before

30.08.2023.

3. When the case came up for hearing on 14.09.2023, the learned

Counsel for the Revision Petitioner was present in Court and submitted

that the subject matter had been settled between the parties. On verification

of the records, it was found that no memo of settlement was filed before

this Court. Therefore, this Court had sought remarks from the learned

Judicial Magistrate, Fast Track Court No.II, Magisterial Level,

Coimbatore, to send a report regarding the amount deposited as per the https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1286 of 2019

judgment dated 05.04.2018 made in C.C.No.151 of 2016. The learned

Judicial Magistrate, Fast Track Court No.II, Magisterial Level,

Coimbatore, was directed to send a report by return of email on or before

21.09.2023. The case was adjourned to 21.09.2023.

4. Today, 21.09.2023, when the case came up for hearing, there was

no representation for the Revision Petitioner, the learned Counsel for the

Respondent is present in Court. This Court had received the report from

the learned Judicial Magistrate, Fast Track Court No.II, Magisterial Level,

Coimbatore, in letter in D.No.3289 of 2023 dated 20.09.2023.

5. As per the report of the learned Judicial Magistrate, Fast Track

Court No.II, Magisterial Level, Coimbatore, the Accused in C.C.No.151

of 2016 had not deposited half of the cheque amount and has not complied

with the order passed by this Court in Crl.M.P.No.17395 of 2019 in

Crl.R.C.No.1286 of 2019 dated 26.11.2019.

6. Considering the conduct of the Revision Petitioner/Accused

before this Court, there was no representation on the previous hearing

dates. Subsequently, the learned Counsel for the Revision Petitioner https://www.mhc.tn.gov.in/judis

Crl.R.C.No.1286 of 2019

submitted that there had been amicable settlement between the parties.

Also, the report of the learned Judicial Magistrate, Fast Track Court No.II

Magisterial Level, Coimbatore, states that the Accused had not deposited

the amount directed by this Court at the time of admission in

Crl.R.C.No.1286 of 2019 dated 26.11.2019. This Criminal Revision Case

had to be dismissed.

7. Accordingly, this Criminal Revision Case stands dismissed for

non-compliance with the direction of this Court and also with the conduct

of the Revision Petitioner. The learned Judicial Magistrate, Fast Track

Court No.II, Magisterial Level, Coimbatore, is directed to issue warrant in

continuation of the judgment of conviction recorded by the learned Judicial

Magistrate, Fast Track Court No.II, Magisterial Level, Coimbatore, in

C.C.No.151 of 2016 dated 05.04.2018 and detain the Accused in prison to

undergo sentence of imprisonment.

21.09.2023 cda Index : Yes/No Speaking/Non-speaking order NOTE: Issue Order Copy by 21.09.2023

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

Crl.R.C.No.1286 of 2019

To

1.The Judicial Magistrate, Fast Track Court No.II, Magisterial Level, Coimbatore.

2.The V Additional District and Sessions Judge, Coimbatore.

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

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

Crl.R.C.No.1286 of 2019

SATHI KUMAR SUKUMARA KURUP, J.,

cda

Crl.R.C.No.1286 of 2019

21.09.2023

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