Madras High Court
Shantilal Betala vs M/S.Paceman Finance India (P) Ltd on 10 January, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1354 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.01.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1354 of 2023
and
Crl.M.P.Nos.11262 and 11263 of 2023
Shantilal Betala ... Petitioner
Vs.
M/s.Paceman Finance India (P) Ltd.,
Rep. by its Director Mr.Rahul Kumar,
No.936, Poonamallee High Road,
Crescent Court, Suit No.21,
Purasawalkkam, Chennai – 600 084. ... Respondent
Prayer: Criminal Revision Petition filed under Sections 397 r/w. 401 of
Criminal Procedure Code, to set aside the order passed in Crl.M.P.No.5065
of 2023 in C.A.No.380 of 2022 on the file of the learned V Additional
Sessions Court, Chennai.
For Petitioner : Mr.Ilayaraja Kandasamy
For Respondent : Mr.E.Senthil Kumar
1/6
https://www.mhc.tn.gov.in/judis
Crl.R.C.No.1354 of 2023
ORDER
This petition has been filed to set aside the order passed in Crl.M.P.No.5065 of 2023 in C.A.No.380 of 2022 on the file of the V Additional Sessions Court, Chennai.
2.This Court, on 09.01.2024, had passed the following order:
“The petitioner/accused in C.C.No.8558 of 2018 was convicted by the Trial Court on 01.12.2022 and sentenced him to undergo two years rigorous imprisonment and ordered the petitioner to pay double the cheque amount as compensation, against which, he preferred an appeal in C.A.No.380 of 2022, which is pending before the V Additional Sessions Judge, Chennai. During the pendency of the appeal, the petitioner preferred a petition under Section 391(2) & (3) of Cr.P.C. to receive the additional documents, namely, copy of Aadhaar Card, Pan Card, Passport of the petitioner, Account statement of petitioner with respect to the 2016 year cheque book, Passport with Visa copy of petitioner's son, statement of accounts intimating the credit of Rs.10 lakhs by a relation in favour of the petitioner, statement of accounts intimating the credit of Rs.10 lakhs by a relation in favour of the petitioner's wife, GST details of Indiana Exports and Imports, details of non-existent of 2/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1354 of 2023 company Indiana Exports and Imports, statement of accounts of the petitioner's current account and its closure.
2.The contention of the petitioner is that there is no company in the name of Indiana Exports and Imports. Further, the respondent complainant is not an authorised person of the company. The petitioner to show that there is no liability to the cheque, marking of these documents are necessary. The Trial Court giving reason that earlier the petitioner filed a petition under Section 243(2) of Cr.P.C. and the same has been dismissed. Thus not allowing the petitioner to adduce additional evidence is not proper.
3.The learned counsel for the respondent/complainant submits that the case is of the year 2018. The petitioner had been successfully dragging on the proceedings before the Trial Court as well as the Lower Appellate Court. He further submitted that the cheque amount is Rs.81,60,000/- and the petitioner not even deposited a single rupee from the date of his conviction before the Lower Appellate Court. He further submitted that the petitioner earlier moved a petition under Section 243(2) of Cr.P.C. before the Trial Court in C.M.P.No.29081 of 2022 to examine Federal Bank Manager, Purasaiwalkkam Branch and to produce some documents including KYC document of Indiana Export and Imports. This petition came to be dismissed by the 3/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1354 of 2023 Trial Court on 02.11.2022. Thereafter, the judgment in C.C.No.8558 of 2022 was rendered by the trial Court on 01.12.2022. The petitioner not agitated the dismissal of the petition under Section 243(2) of Cr.P.C. before the higher forum, left it as it is and now to further delay the case, he filed the present petition. The Lower Appellate Court finding petitioner’s dilatory tactics had rightly dismissed the petition.
4.The learned counsel appearing for the respondent seeks small accommodation for making his further submissions.
5.Post on 10.01.2024.”
3.In continuation and conjunction to the earlier order passed by this Court on 09.01.2024, today, the learned counsel for the respondent/complainant submitted that the petitioner is only dragging on the proceedings by filing such petitions. His only objection is that by citing the above petition the case could not be protracted and dragged. He further submitted that the petitioner has to enter into the box on the next hearing date, on the same day, the respondent/complainant is ready to cross examine the petitioner. However, the respondent's rights to make all his objections during such examination to be preserved. 4/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1354 of 2023
4.The learned counsel for petitioner on instructions informed that the case is posted before the Lower Appellate Court on 12.01.2024, on which date the petitioner would appear before the Lower Appellate Court and file a petition under Section 315 of Cr.P.C. and on the date fixed by the Lower Appellate Court, he would get into the box, tender his evidence and mark documents in support of his contention, of course, subject to its admissibility, of the Lower Appellate Court.
5.In any event, the entire exercise should be completed on or before 31.01.2024. Thereafter, within a period of ten days the arguments to be advanced and the appeal to be decided on merits within a stipulated time.
6.With the above directions, this Criminal Revision Case is disposed of. Consequently, connected Criminal Miscellaneous Petitions are closed.
10.01.2024 Index : Yes/No Speaking Order/Non Speaking Order Neutral Citation: Yes/No rsi Note: Issue order copy on 11.01.2024 5/6 https://www.mhc.tn.gov.in/judis Crl.R.C.No.1354 of 2023 M.NIRMAL KUMAR, J.
rsi To
1.The V Additional Sessions Judge, City Civil Court, Chennai.
2.The Public Prosecutor, High Court, Madras.
Crl.R.C.No.1354 of 2023
and Crl.M.P.Nos.11262 and 11263 of 2023 10.01.2024 6/6 https://www.mhc.tn.gov.in/judis