Madras High Court
Nirmala vs K.Murugan on 16 September, 2025
Crl.R.C(MD)No.1022 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SHAMIM AHMED
CRL.R.C.(MD)No.1022 of 2025
Nirmala,
W/o.Vibin Kumar,
Keezhaparambu Vilakathu Veedu,
Vayalankarai,
Suriyakode Post,
Kanyakumari District. ... Petitioner
vs.
K.Murugan,
S/o.Kumarasamy,
Valiyamathil Veedu,
Amsi, Thengapattinam Post,
Kanyakumari District. ... Respondent
PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442
of BNSS, 2023, to call for the records and to set aside the order passed in
Crl.MP.No.3146 of 2024 in Crl.A.No.111 of 2024 on the file of the
Principal Sessions Judge, Kanyakumari, dated 30.08.2024.
1/10
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Crl.R.C(MD)No.1022 of 2025
For Petitioner :Mr.C.K.M.Appaji
For Respondent :Mr.T.Winsi
*****
ORDER
Heard Mr.C.K.M.Appaji, learned counsel appearing for the
Petitioner and Mr.T.Winsi, learned counsel, for the Respondent.
2. This Criminal Revision Petition has been filed by the petitioner
to set aside the order passed in Crl.MP.No.3146 of 2024 in Crl.A.No.111
of 2024 on the file of the Principal Sessions Judge, Kanyakumari, dated
30.08.2024.
3.The facts of the case in a nutshell, led to filing of this Criminal
Revision Petition and necessary for disposal of the same, are as follows:-
a) The Petitioner was convicted and sentenced for the offence
under Section 138 of the NI Act, by the Judicial Magistrate Court-I,
Padmanabhapuram, in S.T.C.No.464 of 2022 by the judgment dated
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29.05.2024, to undergo simple imprisonment for 6 months and to pay a
sum of Rs.3,50,000/-, as compensation to the complainant within 3
months, in default of payment of amount, to undergo further period of
simple imprisonment for 1 month. As against the same, the Petitioner
filed a Criminal Appeal in Crl.A.No.111 of 2024 along with a petition
for suspension of sentence in Crl.M.P.No.3146 of 2024.
b) The learned Principal Sessions Judge, Kanyakumari District at
Nagercoil vide order dated 30.08.2024, allowed the said Crl.M.P.No.
3146 of 2024 with the condition that the Petitioner/accused shall deposit
20% of the total compensation amount imposed by the Trial Court, i.e.,
Rs.70,000/-, before the concerned Judicial Magistrate on or before
29.09.2024 and ordered the Petitioner to be enlarged on bail on his
executing a bond for Rs.10,000/- with two sureties each for a like sum to
the satisfaction of the Judicial Magistrate No.I, Padmanabhapuram,
within two weeks from the date of the said order, failing which the
suspension granted to her shall be automatically canceled.
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(c) Due to sudden illness and poor financial condition, the
Petitioner failed to deposit 20% of the compensation amount as directed
by the Appellate Court, which resulted in dismissal of the order passed in
Crl.MP.No.3146 of 2024 dated 30.08.2025. Aggrieved by the same, the
present Criminal Revision Petition has been filed.
4. When the matter was taken up on 08.08.2025, the Co-ordinate
bench of this Court passed the following order:
“The petitioner is ready and willing to deposit a
sum of Rs.70,000/- to show his bonafide.
2.Considering the bonafide expressed by the
petitioner, the petitioner is directed to deposit a sum of
Rs.70,000/- to the credit of S.T.C.No.464 of 2022 on
the file of the learned Judicial Magistrate No.I,
Padmanabhapuram.
3.Post the matter 22.08.2025, under the caption
'for reporting compliance'”.
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5. When the matter was taken up on 22.08.2025, the Co-ordinate
bench of this Court passed the following order:
“The order passed by this Court, dated
08.08.2025 is complied with and memo has also been
filed in this regard.
2. Notice to the respondent returnable by
16.09.2025. Private notice is also permitted.
3. Post on 16.09.2025.”
6. Today, when the matter is being taken up, the learned counsel
for the Petitioner submits that the Petitioner is a poor lady undergoing
financial distress, and, as a result, she was unable to deposit 20% of the
compensation amount as directed by the Appellate Court within the
stipulated time. The learned counsel further submits that, on an earlier
occasion, the Petitioner had confined her prayer to seeking a direction
from the Co-ordinate Bench of this Court to extend the time granted by
the Trial Court for depositing the amount of Rs.70,000/-. The
Co-ordinate Bench of this Court directed the Petitioner to deposit a sum
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of Rs.70,000/- to demonstrate her bonafide, to the credit of S.T.C.No.464
of 2022 on the file of the learned Judicial Magistrate No. I,
Padmanabhapuram. Pursuant to this, the Petitioner deposited the amount
in compliance with the order dated 08.05.2025, passed by the
Co-ordinate Bench of this Court.
7. The learned counsel for the Petitioner now confines his prayer
to seeking further time for the Petitioner to execute the bond as directed
by Principal Sessions Judge, Kanyakumari District at Nagercoil vide
order dated 30.08.2024, in Crl.M.P.No.3146 of 2024, wherein the
Appellate Court ordered the Petitioner to be enlarged on bail on her
executing a bond for Rs.10,000/- with two sureties each for a like sum to
the satisfaction of the Judicial Magistrate No.I, Padmanabhapuram,
within two weeks from the date of the said order. He further submits
that this Criminal Revision Petition may be disposed of accordingly.
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8. Mr.T.Winsi, the learned counsel for the Respondent submitted
that he has no objection to the prayer made by the learned counsel for the
Petitioner. He further requests that this Court may direct the learned
Judicial Magistrate No. I, Padmanabhapuram, to permit the Respondent
to withdraw the sum of Rs. 70,000/- deposited by the Petitioner, within a
time period stipulated by this Court.
9. Having considered the submissions of the learned counsel for
the parties and perused the record, including the orders passed by the
Co-ordinate Bench of this Court dated 08.08.2025 and 26.08.2025, this
Court is of the view that no useful purpose would be served by keeping
the present Revision Petition pending. The Petitioner has already
complied with the directions issued by the Co-ordinate Bench of this
Court dated 08.08.2025 and deposited the amount of Rs. 70,000/- to the
credit of S.T.C. No. 464 of 2022 on the file of the learned Judicial
Magistrate No. I, Padmanabhapuram, as evidenced by the deposit slip on
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record. Thus, the prayer sought by the Petitioner being limited, there is
no justification to continue the present Revision Petition.
10. Accordingly, this Court grants a further period of three weeks
from today for the Petitioner to comply with the order dated 30.08.2024,
passed by the Appellate Court in Crl.M.P. No. 3146 of 2024, and execute
a bond for Rs. 10,000/- with two sureties, each for a like sum, to the
satisfaction of the Judicial Magistrate No. I, Padmanabhapuram, for
being enlarged on bail.
11. The Respondent is permitted to file an appropriate application
before the Judicial Magistrate No. I, Padmanabhapuram, seeking
withdrawal of the sum of Rs.70,000/- (Rupees Seventy Thousand only)
deposited by the Petitioner in compliance with the order dated
08.08.2025 passed by the Co-ordinate bench of this Court. Upon receipt
of such application, the Judicial Magistrate No. I, Padmanabhapuram, is
directed to process the same and release the aforesaid amount to the
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Respondent within a period of ten (10) days from the date of receipt of
the application.
12. With the above observations, this Criminal Revision Petition is
disposed of and the file is consigned to record. There shall be no order
as to costs.
Index :Yes / No 16.09.2025
Internet :Yes / No
NCC :Yes / No
Nsr
To:
1. The Judicial Magistrate No. I, Padmanabhapuram.
2.The Principal District and Sessions Judge,
Kanyakumari at Nagercoil.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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SHAMIM AHMED, J.
Nsr
Order made in
16.09.2025
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