Madras High Court
M/S.Padmavathi Agencies vs M.Parbakaran on 23 August, 2022
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
Crl.R.C.Nos.294 & 295 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.08.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.294 of 2020 and Crl.MP.Nos.2187, 2189 & 2225 of 2020
&
Crl.R.C.No.295 of 2020 and Crl.MP.Nos.2194 & 2195 of 2020
In Crl.R.C.No.294 of 2020 :
1.M/s.Padmavathi Agencies,
16, Rangar Sannadhi Street,
Now suitated at 6/76, Line Street,
Namakkal Town,
Namakkal District.
2.S.Sekaran
3.Amsaveni
4.Karthik ... Petitioners
Versus
M.Parbakaran ... Respondent
In Crl.R.C.No.295 of 2020 :
S.Sekaran ... Petitioner
Versus
T.Subramanian ... Respondent
https://www.mhc.tn.gov.in/judis
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Crl.R.C.Nos.294 & 295 of 2020
Prayer in Crl.R.C.No.294 of 2020: Criminal Revision Case filed under
Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the
conviction and sentence imposed on him, dated 13.06.2019 made in
C.A.No.32 of 2017, on the file of the Learned Principal Sessions Judge,
Namakkal, reversing the conviction and sentence imposed on him, dated
12.03.2010 made in S.T.C.No.515 of 2009, on the file of the Judicial
Magistrate No.I, Namakkal, by allowing the present Criminal Revision
Case.
Prayer in Crl.R.C.No.295 of 2020: Criminal Revision Case filed under
Section 397 r/w 401 of the Code of Criminal Procedure, to set aside the
conviction and sentence imposed on him, dated 13.06.2019 made in
C.A.No.25 of 2017, on the file of the Learned Principal Sessions Judge,
Namakkal, reversing the conviction and sentence imposed on him, dated
22.03.2010 made in S.T.C.No.866 of 2009, on the file of the Judicial
Magistrate No.I, Namakkal, by allowing the present Criminal Revision
Case.
For Petitioner (s) : Mr.B.Kumarasamy
For Respondent : Mr.T.Senthil Kumar
ORDER
These two matters are covered by the Full Bench Judgment of this Court in K.Rajalingam Vs. Suganthalakshmi 1. This Court had earlier 1 2020 SCC https://www.mhc.tn.gov.in/judis Online MAD 1052 2/5 Crl.R.C.Nos.294 & 295 of 2020 passed an order dated 08.08.2022, and directed the respondent/complainant to file transpose application, and in the absence of filing of transpose application, the Criminal Revisions will be closed with liberty to file a fresh appeal against the acquittal.
2.Today, when the matter came up for hearing, there is no representation on behalf of the respondent/complainant.
3.The learned counsel for the petitioner would submit that in this case, pending these revisions, the amounts have also been paid to the respondent/complainant and the matter is settled out of the Court and only because of the same, the respondent/complainant has not filed any transpose application by transposing himself as appellant.
4.Noting the above, it is made clear that the Judgment dated 13.06.2019 in C.A.No.25 of 2017 and C.A.No.32 pf 2017 respectively, on the file of the Learned Principal Sessions Judge, Namakkal, are held to be “non est” in the eye of law, accordingly, these revisions are ordered to be closed.
https://www.mhc.tn.gov.in/judis 3/5 Crl.R.C.Nos.294 & 295 of 2020
5.However, the respondent/complainant will be at liberty to file an appeal against acquittal, if the amounts have not been settled out of the Court. Accordingly, the Criminal Revision Cases are closed. Consequently, the connected miscellaneous petitions are closed.
23.08.2022 Index : yes/no Speaking/Non-speaking order klt To
1.The Principal Sessions Court, Namakkal.
2.The Judicial Magistrate No.I, Namakkal. https://www.mhc.tn.gov.in/judis 4/5 Crl.R.C.Nos.294 & 295 of 2020 D.BHARATHA CHAKRAVARTHY, J.
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