Madras High Court

Raja Vimal Singh vs Velayutha Perumal on 1 April, 2025

                                                                                       Crl.R.C.(MD)No.337 of 2023

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 01.04.2025

                                                         CORAM

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                           Crl.R.C.(MD)No.337 of 2023
                                                      and
                                           Crl.M.P.(MD)No.4856 of 2023


                     Raja Vimal Singh                                                     ... Petitioner


                                                              Vs.


                     1.Velayutha Perumal

                     2.The State rep by its
                       The Public Prosecutor,
                       Nagercoil,
                       Kanyakumari District.                                              ... Respondents

                     PRAYER : Criminal Revision Case filed under Section 397 and 401
                     Cr.P.C., to call for the records relating to the impugned order dated
                     01.03.2023 made in Crl.M.P.No.164 of 2023 in C.A.No.3 of 2023 and
                     set aside the conditional order of to deposit 20% of the compensation
                     amount within a period of three weeks passed by the Additional Sessions
                     Judge (Fast Track Court), Kanyakumari District at Nagercoil by allowing
                     the present criminal revision petition.



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                                                                                             Crl.R.C.(MD)No.337 of 2023

                                         For Petitioner            : Mr.P.R.Boomee Rajan

                                         For R2                    : Mrs.M.Aasha,
                                                                     Government Advocate (Crl. Side)

                                                               ORDER

The Criminal Revision is directed against the condition No.(1)

imposed in Crl.M.P.No.164 of 2023 in Crl.A.No.3 of 2023 dated

01.03.2023 on the file of the Additional Sessions Court (Fast Track

Court), Kanyakumari District @ Nagercoil, wherein, the petitioner was

directed to deposit 20% of the compensation amount within a period of

three weeks.

2. It is evident from the records that the learned trial Judge, after

trial, has passed a judgment dated 15.12.2022 convicting the petitioner/

accused for the offence under Section 138 of Negotiable Instruments Act

and sentenced to undergo 1 year simple imprisonment and to pay fine of

Rs.10,000/- and also pay the cheque amount of Rs.15 lakhs, in default, to

undergo 3 days simple imprisonment. Challenging the same, the

petitioner has preferred an appeal before the Additional Sessions Court

(FTC), Kanyakumari District @ Nagercoil in Crl.A.No.3 of 2023 and

also moved an application for suspension of sentence. The learned

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Additional Sessions Judge, while suspending the sentence, has imposed

the impugned condition directing the petitioner to deposit 20% of the

compensation amount within a period of three weeks. Challenging the

said condition, the present revision came to be filed.

3. Admittedly, the petitioner has not complied with the directions

of the appellate Court. It is pertinent to note that the case is pending from

2017 onwards.

4. At this juncture, the learned counsel appearing for the petitioner

would submit that the petitioner may be granted some more time to

comply with the order of the learned Appellate Judge.

5. Considering the above facts and circumstances and taking note

of the submission made by the learned counsel appearing for the

petitioner, the petitioner is directed to deposit 50% of the compensation

amount on or before 21.04.2025. In respect of other conditions, the order

of the learned Additional Sessions Judge (Fast Track Court),

Kanyakumari District at Nagercoil, shall remain unaltered.

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6. With the above direction, this Criminal Revision Case stands

disposed of. Consequently, connected Miscellaneous Petition is closed.

No costs.


                                                                                                 01.04.2025
                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes / No
                     csm

Note : Issue order copy on or before 09.04.2025

1.The Additional Sessions Judge (Fast Track Court), Kanyakumari District at Nagercoil.

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K.MURALI SHANKAR,J.

csm

Order made in

and

Dated: 01.04.2025

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