The High Court dismissed a criminal revision petition filed under sections 397 and 401 Cr.P.C. against a conviction under Section 138 NI Act. The order was based on the death of the petitioner and failure to bring impleaded legal heirs despite adjournments.
The Criminal Revision Case and the connected Criminal Miscellaneous Petition were dismissed.
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.
Crl.R.C.No.206 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.04.2023
CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
Crl.R.C.No.206 of 2020
and Crl.M.P.No.2565 of 2020
Rajeshwari Devadass .. Petitioner
Vs.
K.Thavamani ..Respondent
PRAYER : Criminal Revision Case has been filed under sections 397 read with 401 of Criminal Procedure Code to call for the records of the judgment dated 13.01.2020 in C.A.No.12 of 2019 on the file of the Sessions Judge, Udhagamandalam, Nilgiris District modifying 1 year Simple Imprisonment to six months and confirming the payment of compensation amount of Rs.20 lakhs passed by the Judicial Magistrate Fast Track Court, Conoor in judgment dated 13.12.2018 in C.C.No.6 of 2015 convicting the petitioner under Section 138 of the Negotiable Instruments Act, Set aside the same and set the petitioner at liberty.
For Petitioner : M/s.V.Ravi
For Respondent : Mr.C.Prakasam
Crl.R.C.No.206 of 2020
Dr.G.JAYACHANDRAN, J.
rpl
ORDER
It is stated that the revision petitioner died. Though the learned counsel for the revision petitioner took three adjournments to get implead legal heirs of the deceased and proceed with the revision petition, no steps were taken till today. Even today, the learned counsel for the revision petitioner wants adjournment and not made any preparation to bring legal representatives. Hence, this Criminal Revision Case is dismissed. Consequently, the connected Criminal Miscellaneous Petition is also dismissed.
05.04.2023
Internet : Yes/No Index: Yes/No
rpl To 1.The Sessions Judge, Udhagamandalam, Nilgiris District.
Crl.R.C.No.206 of 2020
1 issue framed by the court
Whether the Criminal Revision Case should proceed when the petitioner died and no legal heirs were impleaded within the allotted adjournments.
2 provisions across 2 enactments
Rajeshwari Devadass
K.Thavamani
Dr.G.JAYACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
