Petitioner sought recall of an order dismissing her Criminal Revision Petition, alleging no infirmity. The Court, noting the petitioner's absence, held the petition was essentially a review and not maintainable, dismissing it.
The Criminal Miscellaneous Petition is dismissed as it is not maintainable being nothing but a review of the earlier order.
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 MP(MD) No.sr40442 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Friday, the Twenty Fourth day of November Two Thousand and Twenty Three
PRESENT
The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN
CRL MP(MD) No.sr40442 of 2023 in CRL.RC(MD).No. 120 of 2018
Prayer in CRL.MP(MD).SR.No.40442 of 2023:
This Petition filed under Section 362 of Cr.P.C., praying this Court to recall the order passed in Crl.RC(MD).No.120 of 2018, dated 25.04.2023.
Prayer in CRL.RC(MD).No.120 of 2018:
This Criminal Revision Petition has been filed under Section 397 r/w 401 r/w 482 of Cr.P.C., to call for the records of the learned I Additional District and sessions Judge, Tirunelveli in CA.No. 7 of 2015, dated 13.11.2017 partly allowed to pay the compensation amount of Rs.2,00,000/- and confirmed the default sentence to undergo one month simple imprisonment if the compensation amount is not paid within one month from the date of the judgment for an offence under Section 138 of the negotiable Instruments Act by the learned Judicial Magistrate No.IV, Tirunelveli https://www.mhc.tn.gov.in/judis in S.TC. No. 2880 of 2007, dated 18.12.2014 and set aside the same.
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CRL MP(MD) No.sr40442 of 2023
ORDER:This Petition coming under the caption “For Maintainability on this day and upon perusing the petition and the affidavit filed in support thereof and the
petitioner has not appeared either in person or by an advocate, this court made the following order:
Today the matter is listed under the caption “for maintainability”.
Sd/Assistant Registrar(CS-I)
// True Copy //
/12/2023 Sub Assistant Registrar(CS)
TO
1.The I Additional District and Sessions Judge, Tirunelveli.
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CRL MP(MD) No.sr40442 of 2023
2.The Judicial magistrate no.IV, Tirunelveli
Copy to
The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai.,
ORDER DATED 24/11/2023
===================== ORDER
===================== CRL MP(MD) No.SR40442 of 2023 and CRL.RC(MD).No. 120Of 2018
Giving direction and etc., as stated within
KB(11.12.2023) 3P 4C
https://www.mhc.tn.gov.in/judis Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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1 issue framed by the court
Whether a Criminal Miscellaneous Petition filed to recall an earlier order of this court is maintainable if it essentially seeks a review.
Kalaiselvi W/o.Veerapathiran
Sivasubramanian S/o.Arunachalam Thevar
G. K. Ilanthirayan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
