The High Court dismissed a criminal revision as withdrawn. The appellant requested permission to withdraw a duplicate filing caused by a bonafide mistake, employeeing a previously filed but undisclosed revision.
Permission granted to withdraw the criminal revision and close the connected miscellaneous petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.12.2021
CORAM
THE HONOURABLE MR. JUSTIC E A.D.JAGADISH CHANDIRA
Crl.RC.No.745 of 2021 and Crl.MP.Nos.11476 and 11477 of 2021
K.Mohammed Rizwan
... Appellant
Vs.
M/s.Hamdan Leathers
Rep by its owner,
K.Nahib Afroze. ... Respondent
PRAYER : Criminal revision is filed under Section 397 r/w.401 of Criminal Procedure Code to call for the records relating to the judgment made in Crl.A.No.101 of 2018 on the file of the III Additional Sessions Judge, Vellore dated 23.10.2019 in the nature of confirming the punishment of simple imprisonment of two months fro the offence punishable under Section 138 of Negotiable Instruments Act made in CC.No.83 of 2013 on the file of the Additional District Munsif-cum-Judicial Magistrate, Ambur dated 21.05.2018.
For petitioner : Mr.Ramesh Srinivasan.
O R D E R
The learned counsel for the petitioner would submit that the petitioner had earlier instructed a counsel to file Criminal revision and the counsel had filed Crl.RC.No.1235 of 2019. But this was not brought to the knowledge of the petitioner and he was unable to contact the earlier counsel who had filed the revision in Crl.RC.No.1235 of 2019. The petitioner was under the bonafide impression that no revision was filed and thereby the petitioner had requested the other counsel to apply for certified copies and based on that the second revision has been filed. The learned counsel would submit that due to bonafide mistake the second revision has been filed. Thereby, he would seek permission of this Court to withdraw the present revision in Crl.RC.No.745 of 2021 and he has also made an endorsement to that effect.
Assistant Registrar (CS-III)
//True Copy//
Sub Assistant Registrar
tsh
To
Crl.RC.No.745 of 2021.
KSM (CO) PR (07/01/2022)
1 issue framed by the court
Whether this Court should permit withdrawal of the present criminal revision on the ground of bonafide mistake regarding a previously filed revision.
2 provisions across 2 enactments
K.Mohammed Rizwan
M/s.Hamdan Leathers
E A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
