Akila Jobby Vs K.R.Suresh — Madras HC (2026) — LawSathi Research

Akila Jobby Vs K.R.Suresh — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 128 days in filing the Criminal Revision Petition condoned; Office directed to number the Crl.R.C. the same day; respondent permitted to apply to the Trial Court within two weeks for withdrawal of the Rs.3,60,000/- deposited in 2021, which the Trial Court is to release within three weeks thereafter in favour of the respondent.

Issue for consideration

Whether the delay of 128 days in filing the Criminal Revision Petition against the conviction and sentence in Criminal Appeal No. 153/2021 should be condoned under Section 5 of the Limitation Act, 1963. +1 more

Court's answer

In view of the reasons stated in the affidavit filed in support of the condone-delay petition, which appear convincing and genuine, the delay of 128 days in filing the criminal revision petition is condoned.

Ratio / Principle

The respondent is directed to move an application before the trial court, within two weeks, for withdrawal of the 30% cheque amount already deposited by the revision petitioner.

Key takeaways

On such application being filed, the Trial Court is directed to release the said amount within three weeks thereafter, in favour of the respondent.ratio¶23

Detailed headnote1 paragraphs

MADRAS HIGH COURT (Shamim Ahmed J.), CRL MP No. 8533 of 2026 in CRL RC SR. 28434 OF 2026, 29-06-2026: Condonation of delay — S.5, Limitation Act, 1963. Petition to condone a 128-day delay in filing a Criminal Revision Petition against the conviction and sentence confirmed in Criminal Appeal No. 153/2021 (V Addl. District & Sessions Court, Coimbatore, 25.08.2025), which had upheld the conviction in C.C.No. 324/2015 (Judicial Magistrate Fast Track Court No.I at ML, Coimbatore, 28.12.2020). Reasons in the supporting affidavit found convincing and genuine; delay condoned and Office directed to number the Crl.R.C. the same day. Against the backdrop of a mutual settlement (total Rs.17,00,000/-; Rs.3,60,000/- deposited with the Trial Court in 2021; a further Rs.5,40,000/- deposited directly in the respondent's name on 24.06.2026 per this Court's order dt. 15.06.2026), the respondent was directed to apply to the Trial Court within two weeks for withdrawal of the 2021 deposit, and the Trial Court to release it within three weeks thereafter. Respondent's counsel recorded no objection to allowing the petition; counsel's request regarding suspension of sentence and bail (para 20) is noted in the order but no decision on it is recorded.

CRL MP No. 8533 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29-06-2026

CORAM

THE HON'BLE MR.JUSTICE SHAMIM AHMED

CRL MP No. 8533 of 2026 in CRL RC SR. 28434 OF 2026

Akila Jobby

..Petitioner(s)

Vs

K.R.Suresh

..Respondent(s)

PRAYER- This Criminal Miscellaneous Petition is filed under Section 5 of the Limitation Act, 1963, to condone the delay of 128 days in filing the Criminal Revision Petition against the conviction and sentence made in Criminal Appeal No. 153/2021 on the file of the V Additional District and Sessions Court, Coimbatore dated 25.08.2025 in confirming the conviction made in C.C.No. 324/2015 on the file of the Judicial Magistrate Fast Track Court No.I at ML, Coimbatore dated 28.12.2020.

For Petitioner(s): Mr.D.Veerasekharan For Respondent(s): Mr.Kailash Raj for Mr.S.T.Raja

O R D E R

The learned counsel for the petitioner submitted that as per the mutual settlement agreement between the parties, the total settlement amount was agreed to be Rs.17,00,000/-, out of which Rs.3,60,000/-, being 20% of the total cheque amount has already been deposited before the Trial Court in the year 2021 and 30% of the amount i.e., Rs.5,40,000/-, as directed to be deposited by

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CRL MP No. 8533 of 2026

this Court vide order dated 15.06.2026, is now deposited directly in the name of the respondent on 24.06.2026. In this regard, the learned counsel for the respondent has given a receipt of the photostat copy of the draft.

2.Learned counsel for the petitioner submitted that the delay may be condoned and suspension of sentence as well as the bail application may be considered.

3.The learned counsel for the respondent seeks permission to withdraw Rs.3,60,000/-, being 30% cheque amount already deposited to the credit of the Trial Court in the year 2021.

4.The respondent is directed to move an application before the trial court for withdrawal of the 30% cheque amount already deposited by the revision petitioner within a period of two weeks from today.

5.On such application being filed, the Trial Court is directed to release the said amount within a period of three weeks thereafter, in favour of the respondent.

6.In view of the above submission, learned counsel appearing for the Respondent has stated that he has no objection to allowing this petition.

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CRL MP No. 8533 of 2026

In view of the reasons stated in the affidavit filed in support of the

condone delay petition, the reason appears to be convincing and genuine, the

delay of 128 days in filing the above criminal revision petition is condoned.

The Office is directed to number the Crl.R.C. today itself.

29-06-2026

Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

GSA

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CRL MP No. 8533 of 2026

SHAMIM AHMED J.

GSA

CRL MP No. 8533 of 2026 in CRL RC SR. 28434 OF 2026

29-06-2026

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