Madras High Court
G.Vijayakumar vs K.Murugesan on 13 September, 2024
Author: M.Nirmal Kumar
Bench: M. Nirmal Kumar
Crl.R.C.No.1536 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR
Crl.R.C.No.1536 of 2024
and
Crl.M.P.No.12820 of 2024
G.Vijayakumar ... Petitioner
Vs.
K.Murugesan ... Respondent
PRAYER: Criminal Revision filed under Sections 438 and 442 of Bharatiya
Nagarik Suraksha Sanhita, to set aside the order dated 25.11.2022 passed by
the learned III Additional District and Sessions Judge, Gobichettipalayam in
Crl.A.No.19 of 2022 by confirming the judgment passed by the learned
Judicial Magistrate No.II, Gobichettipalayam in C.C.No.174 of 2017 dated
03.12.2021.
For Petitioner : Mr.N.Chinnaraj
For Respondent : Mr.D.Prabhu Mukunth Arun kumar
1/8
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1536 of 2024
ORDER
This Criminal Revision Petition has been filed to set aside the order
dated 25.11.2022 passed by the learned III Additional District and Sessions
Judge, Gobichettipalayam in Crl.A.No.19 of 2022 by confirming the
judgment passed by the learned Judicial Magistrate No.II, Gobichettipalayam
in C.C.No.174 of 2017 dated 03.12.2021.
2.This Court, on 05.09.2024, passed the following order:
This petition is filed to condone the delay of 495 days in
filing the above revision.
2.This Court, on 22.08.2024, had passed the following
order:
“The petitioner/accused in C.C. No. 174 of 2017
on the file of Judicial Magistrate No.II, Gobichettipalayam,
was convicted for the offences under Sections 138 and 142 of
Negotiable Instruments Act, 1881 by judgment dated
03.12.2021 and sentenced to undergo simple imprisonment
for one month and the petitioner was also directed to pay
cheque amount of Rs.34,000/- to the defacto complainant.
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Aggrieved by the same, the petitioner preferred an appeal
before the III Additional District and Sessions Court,
Gobichettipalayam, in Criminal Appeal No. 19 of 2022 and
the said appeal came to be dismissed by judgment dated
25.11.2022 thereby confirming the conviction and sentence
imposed by the Trial Court. Challenging the same, the above
criminal revision case has been filed with a delay of 495
days.
2.Learned counsel for the respondent/complainant
has filed a counter objecting to condoning the delay stating
that the cheque had been issued in the year 2017 and the
petitioner had dragged on the case successfully before the
Trial Court for more than four years and thereafter, on
conviction, preferred an appeal, which also came to be
dismissed and thus, seven years have gone by from the date
of issuance of the cheque. After having delayed the
proceedings before the Trial Court as well as before the
Lower Appellate Court on one pretext or the other, now this
revision petition has also been filed with a delay of 495 days
without the petitioner surrendering before the Trial Court.
The respondent had taken steps to secure the petitioner and
only thereafter, the present revision has been filed is the
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contention of the learned counsel for the respondent.
According to the learned counsel, though ill-health of the
petitioner has been cited as a reason for the delay in filing
the revision, no medical certificate has been produced to
substantiate the same. Therefore, the learned counsel
strongly opposed the delay being condoned.
3.This Court is also unable to accept the reason
assigned for condoning the delay. Further, the cheque is of
the year 2017 for a sum of Rs.34,000/- and the Trial Court as
well as the Lower Appellate Court have also confirmed the
conviction of the petitioner. That being so, when this Court
expressed its view that it is not inclined to entertain the
petition, at that stage, the learned counsel for the petitioner
sought time to get instructions and to revert.
4.Hence, at the request of the learned counsel for
the petitioner, post on 05.09.2024. However, it is made
clear that on the next hearing date, i.e., on 05.09.2024, if the
petitioner does not come ready with the cheque amount, the
above miscellaneous petition will not be entertained.”
3.In continuation and conjunction to the earlier order
passed by this Court on 22.08.2024, Mr.K.Prasath, learned
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counsel appearing for the petitioner submitted that he is unable
to contact the instructing counsel from the Lower Court, hence,
seeks a week's time.
4.The learned counsel for respondent submitted that he is
ready to dispose of the revision on merits. Learned counsel for
the petitioner confirmed the same.
5.In view of the consent given by both counsels, the delay
stands condoned and the petition is ordered.
6.Registry is directed to number the Criminal Revision
Case, if it is otherwise in order and post the same 'For
Admission' on 10.09.2024.”
3.In continuation and conjunction to the earlier order passed on
05.09.2024, today, the learned counsel for petitioner/accused submitted that
petitioner is not inclined to settle the cheque amount of Rs.34,000/- despite
facing conviction by the trial Court and confirmed by the Lower Appellate
Court.
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4.The learned counsel for respondent submitted that petitioner by
filing this petition, avoiding to undergo conviction sentence of one year.
Hence, sought for a direction to the trial Court to issue conviction warrant.
5.In view of the above, this Court is not inclined to entertain this
petition, hence, the Criminal Revision Case is dismissed. The trial Court
(Judicial Magistrate No.II, Gobichettypalayam) is directed to take steps for
issuing conviction warrant, secure the petitioner/accused to undergo the
period of his conviction. Consequently, connected Criminal Miscellaneous
Petition is closed.
13.09.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
rsi
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To
1.The III Additional District and Sessions Judge,
Gobichettipalayam.
2.The Judicial Magistrate No.II,
Gobichettipalayam.
3.The Public Prosecutor,
High Court, Madras.
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M.NIRMAL KUMAR, J.
rsi
and
13.09.2024
https://www.mhc.tn.gov.in/judis
