The High Court allowed a criminal revision petition to lift the attachment of the petitioner's salary. The petitioner had paid all arrears and undertook future maintenance payments, satisfying the learned counsel for the respondent who was ready for quietus.
Attachment of petitioner's salary is raised. Connected miscellaneous petition is closed.
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Crl.R.C. No. 252 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2024
CORAM
THE HON’BLE MR. JUSTICE M. NIRMALKUMAR
CRIMINAL REVISION CASE No. 252 of 2024
&
Crl.M.P. No. 2349 of 2024
S.M. Jayaprakash ..Petitioner
Vs.
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Prayer:
Crl.R.C. No. 252 of 2024
Prayer: Criminal Revision under Section 397 r/w 401 of Code of
Criminal Procedure to set aside the order dated 04.01.2024 made in Crl.M.P.
No. 5951 of 2023 in M.C. No. 7 of 2012 on the file of Judicial Magistrate Court, Tiruttani.
For Petitioner :: Mr.C. Munusamy For Respondents :: Mr.N. Sudharsan for R1 Mr.A. Damodaran Addl. Public Prosecutor O R D E R
for R2
The above criminal revision petition is filed to set aside the
order dated 04.01.2024 made in Crl.M.P. No. 5951 of 2023 in M.C. No. 7 of
2012 on the file of Judicial Magistrate Court, Tiruttani.
made in the earlier listing on 23.09.2024 and 15.10.2024, which read as follows:
'Order dated 23.09.2024:
Learned counsel for the petitioner is present through virtual mode. 2. In continuation of the earlier order passed by this Court dated 06.08.2024, the petitioner, by name, S.M. Jayaprakash is present before this Court. He handed over a Demand Draft dated 20.09.2024 drawn on Indian Bank, Ammayarkuppam, for a sum of
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Crl.R.C. No. 252 of 2024
Rs. 1,10,000/- in favour of the respondent as initial payment. The same is handed over to the learned counsel for the respondent.
3. Further, the petitioner has undertaken to pay the balance amount of Rs.2,10,000/- in two instalments for which the learned counsel for the respondent is also agreeable.
4. Therefore, the petitioner shall pay a sum of Rs.1,10,000/- on or before 14.10.2024 and the balance amount of Rs.1,00,000/- shall be paid on or before 30.10.2024.
5. Learned counsel for the respondent fairly submitted that if the amount is paid as per the above schedule, he is ready to give quietus to the issue.
6. Post on 15.10.2024 for compliance of payment of first instalment. '
'Order dated 15.10.2024:
In continuation to the order passed by this Court on 23.09.2024, today the petitioner who is present before this Court is paying the balance amount of Rs.2,10,000/- by way of cheque drawn on Indian Bank, Ammayarkuppam Branch, bearing Cheque No.732695 dated 15.10.2024.
2.The learned counsel for the petitioner submitted that as per the order passed in Crl.M.P.No.5951 of 2023 the petitioner now paid the entire arrears amount of Rs.3,20,000/- to the respondent, hence the same to be recorded by the learned Judicial Magistrate, Tiruttani and the order of attachment of salary to be raised.
3.Mr.T.Ranganathan, grandfather of the respondent, who is present before this Court received the cheque. He would submit that from 01.01.2023 to till date, the petitioner has to pay arrears for 22 months which works to Rs.1,32,000/-. He further submitted that though the petitioner is employed as a Teacher receiving handful income, he is neglecting to maintain his own daughter who is studying X Standard in Selvam Matriculation School, Arakkonam. Further, he apprehends that it is only a cheque, he needs to deposit the same and realize the amount.
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4.The learned counsel for the petitioner submitted that he would advise his client and the arrears of payment would be made on or before December 2024. He further submitted that the cheque which has been handed over today would get honoured without fail. Further, the petitioner would start making payment of maintenance amount from October 2024 by transferring the amount to the bank account of the respondent/R.Vijayalakshmi who is having a bank account in State Bank of India, Tiruttani Branch in Savings Bank Account No.11143161475 on or before 10th of every English Calendar month.
5.Post the matter on 19.10.2024.'
M. NIRMALKUMAR,J.
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Crl.R.C. No. 252 of 2024
nv
allowed and the attachment of petitioner’s salary is hereby raised. Connected miscellaneous petition is closed.
19.10.2024
nv
To
Crl.R.C. No. 252 of 2024
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2 issues framed by the court
Whether the order of attachment of salary should be lifted after full arrears payment and a undertaking for future payments.
Validity of the petition to set aside the earlier order dated 04.01.2024 in Crl.M.P. No. 5951 of 2023.
1 provisions across 1 enactments
S.M. Jayaprakash
Vijayalakshmi
Chief Educational Officer
Head Master
M. Nirmalkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
