Revision allowed setting aside order dismissing condonation of 351-day appeal delay under Section 138 NI Act, conditioned upon depositing Rs.4 lakhs compensation within specified time.
Set aside lower court order dismissing condonation of delay; appeal allowed on condition of depositing Rs.4,00,000 compensation by 12.06.2023.
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(MD)No.294 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.04.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.R.C(MD)No.294 of 2018
Rajaram
... Petitioner/Petitioner
Vs.
1.State rep., by The Public Prosecutor, Nagercoil, Kanyakumari District.
2.Jesintha ... Respondents/Respondents
PRAYER: Criminal Revision Case filed under Section 397 and 401 of the Code of Criminal Procedure, to set aside the order in Crl.M.P.No. 3851 of 2016 on the file of Sessions Court, Kanyakumari @ Nagercoil, dated 01.03.2018 and allow the criminal revision petition.
For Petitioner : Mr.T.Selvakumaran
For Respondents : Mr.K.Sanjai Gandhi (for R1) Government Advocate (Crl.side) Mr.S.Palanivelayutham (for R2)
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Crl.R.C(MD)No.294 of 2018
ORDER
This revision has been filed as against the order passed in Crl.M.P.No.3851 of 2016 on the file of Sessions Court, Kanyakumari @ Nagercoil, dated 01.03.2018, thereby dismissed the petition to condone the delay of 351 days in filing the appeal.
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Crl.R.C(MD)No.294 of 2018
opposed to condone the delay petition on the ground that the petitioner caused accident on 15.09.2016 while he was driving his van bearing Registration No.TN 70C 8245 and dashed against the person, who drove the two wheeler and the said person died on the spot. The petitioner was arrested and remanded to judicial custody in Crime No.206 of 2016. Therefore, he filed a false affidavit in order to condone the delay of 351 days. Considering the above facts and circumstances, the Court below dismissed the petition for condoning delay of 351 days in filing the appeal.
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Crl.R.C(MD)No.294 of 2018
amount within time, the order passed by the First Appellate Court is
hereby restored without reference to this Court and the respondents
are at liberty to take appropriate steps to secure the petitioner to serve his sentence period.
allowed.
28.04.2023
NCC : Yes/No Index : Yes/No rmk
To
1.The Judge, Sessions Court, Kanyakumari @ Nagercoil.
2.The Public Prosecutor,
Nagercoil, Kanyakumari District. 3.The Judicial Magistrate (Fast Track Court) No.1,
Nagercoil.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Crl.R.C(MD)No.294 of 2018
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Crl.R.C(MD)No.294 of 2018
G.K.ILANTHIRAIYAN, J.
rmk
Order made in Crl.R.C(MD)No.294 of 2018
28.04.2023
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2 issues framed by the court
Whether the delay of 351 days in filing the appeal against conviction under Section 138 of the Negotiable Instruments Act can be condoned.
Whether the petitioner can be granted condonation of delay conditional upon deposit of compensation.
Colour shows how this judgement treated each authority
None cited in the textReferred
2 provisions across 2 enactments
Rajaram
State
Jesintha
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
G.K.ILANTHIRAIYAN
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