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Madras High Court

Bulton Jesin vs Muthukrishnan

                                                                         Crl.R.C(MD)No.383 of 2024

                     BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      10.04.2024

                                                      CORAM :

                       THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN

                                          Crl.R.C(MD)No.383 of 2024

                Bulton Jesin                                              .. Petitioner

                                                 Vs.

                Muthukrishnan                                             .. Respondent


                PRAYER: Criminal Revision filed under Section 397 r/w 401 of the
                Criminal Procedure Code, to set aside and modify the condition passed in
                Cr.M.P.No.6132 of 2023 dated 26.09.2023 in Crl.A.No.186 of 2023, on the
                file of the Principal Sessions Court, Thoothukudi District.


                                     For Petitioner      : Mr.S.Muthumalairaja

                                     For Respondents : Mr.C.Jeganathan

                                                       ORDER

This Criminal Revision Case has been filed against the order passed in Cr.M.P.No.6132 of 2023 dated 26.09.2023 in Crl.A.No.186 of 2023, on the file of the Principal Sessions Court, Thoothukudi District.

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https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.383 of 2024

2. The petitioner is the accused in C.C.No.105 of 2017, on the file of the Fast Track Court, (Magistrate Level), Thoothukudi filed this revision case, challenging the impugned order passed in Cr.M.P.6132 of 2023, by the learned Principal Sessions Judge, Thoothukudi, wherein, the learned trial Judge directed the petitioner to deposit 20% of the cheque amount to suspend the sentence of imprisonment imposed in C.C.No.105 of 2017 by the trial Judge. Aggrieved over the same, the petitioner has filed this criminal revision case before this Court.

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner on instructions has submitted that the petitioner is ready to deposit the 20% of the cheque amount on or before 25.04.2024 and seeks permission of this Court to direct the appellate Court to dispose of the appeal filed by him within the stipulated time.

4. This Court considered the submission made by the learned counsel appearing for the petitioner and perused the materials available on record.

5. By taking note of the same, this Criminal Revision Case stands allowed with the following directions:

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https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.383 of 2024
(i) The substantive sentence of imprisonment and compenation imposed against the petitioner on 28.08.2023 in C.C.No.105 of 2017 on the file of the learned Judicial Magistrate, Fast Track Court (Magisterial Level), Thoothukudi is suspended till the disposal of the appeal in C.A.No.186 of 2023, on the file of the learned Principal Sessions Judge, Thoothukudi, on his executing a bond for Rs.10,000/- along with two sureties each for like sum to the satisfaction of the learned Judicial Magistrate, Fast Track Court (Magistrial Level), Thoothukudi on condition that the petitioner/accused shall deposit 20% of the cheque amount i.e., Rs.1,00,000/-(Rupees One Lakh only) on or before 25.04.2024.
(ii) The learned Principal Sessions Judge, Thoothukudi is hereby directed to dispose the appeal in Crl.A.No.186 of 2023, on or before 15.07.2024.

6. List this case on 29.04.2024 for reporting compliance.



                                                                                      10.04.2024
                NCC               :Yes/No
                Index             :Yes/No
                Internet          :Yes/No
                sbn

                Note: Issue order copy on 15.04.2024




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https://www.mhc.tn.gov.in/judis
                                                            Crl.R.C(MD)No.383 of 2024

                To

                1.The Fast Track Court,
                  Magistrial Level, Thoothukudi.

                2.The Principal Sessions Court,
                  Thoothukudi.

3. The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis Crl.R.C(MD)No.383 of 2024 K.K.RAMAKRISHNAN, J.

sbn Crl.R.C(MD)No.383 of 2024 10.04.2024 Page No.5/5 https://www.mhc.tn.gov.in/judis