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2025 DAILYLAW 37024 (MAD)

M.BALAMURUGAN v. C.V.Vickram Suria Varma

CRL MP/7042/2025 · 2025-04-08

P Velmurugan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL MP No. 7042 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-04-2025 CORAM THE HONOURABLE MR JUSTICE P. VELMURUGAN CRL MP No. 7042 of 2025 in CRL R.C.No.1487 of 2024 1. M.Balamurugan S/o.A.Muthiah, Flat No.A-3, 1st Floor, Sahaj nivas, Plot No.9, Sethulakshmi avenue, 2nd street, manapakkam, Chennai - 600 125. Appellant(s) Vs 1. C.V.Vickram Suria Varma S/o.Veerakumar, No.7/2, kalaingarayan II lane, old Washermenpet, Cementry Road, Chennai - 600 021. Respondent(s) 1/5 https://www.mhc.tn.gov.in/judis CRL MP No. 7042 of 2025 PRAYER: This Criminal Miscellaneous Petition is filed under Section 148(3) of Negotiable Instruments Act, to permit the complainant to withdraw 20% of the cheque amount Rs.4,40,000/- (Rupees Four Lakh Forty Thousand Only) deposited by the accused to the credit of C.C.No.6466 of 2017 on the file of the Fast Track Court-V, Saidapet, Chennai. For Appellant(s): Mr.M.Deivanandam For Respondent: Mr.V.J.Narendiran ORDER The respondent herein/revision petitioner is the accused in C.C.No.6466 of 2017. The trial Court convicted the respondent herein/revision petitioner for the offence under Section 138 of the Negotiable Instruments Act. Aggrieved by the same, the respondent herein/revision petitioner preferred an appeal and the same was also dismissed. Against which, the respondent herein has filed the criminal revision petition. 2. When the Revision came up for hearing on 06.09.2024, it is submitted that the respondent herein has deposited Rs.4,40,000/-, being 20% of the cheque amount. Further, on the undertaken given by the respondent herein /revsion petitioner that he would deposit a sum of Rs.6,60,000/- on or before 2/5 https://www.mhc.tn.gov.in/judis CRL MP No. 7042 of 2025 02.10.2024, being 30% of the cheque amount, this Court directed that no coercive action be taken against the respondent herein till such deposit was made. 3. When the revision came up for hearing on 19.10.2024, except the deposit of Rs.4,40,000/-, nothing has been paid by the respondent herein, therefore, this Court vacated the interim order granted on 06.09.2024. 4. Now, the petitioner herein/ respondent in Crl.R.C.No.1487 of 2024 filed this Criminal Miscellaneous Petition seeking permission to withdraw Rs.4,40,000/- (Rupees Four Lakh Forty Thousand Only) being 20% of the cheque amount deposited by the respondent/ revision petitioner to the credit of C.C.No.6466 of 2017 on the file of the Fast Track Court-V, Saidapet, Chennai. 5. Though sufficient opportunity was given to the respondent herein, today, when the matter is taken up for hearing, the respondent herein/revision petitioner is not ready to argue the matter. 6. The petitioner herein is permitted to withdraw the amount after giving an undertaking before the Magistrate that, in case, the respondent herein succeeds in the revision, he is ready to deposit the said amount. 3/5 https://www.mhc.tn.gov.in/judis CRL MP No. 7042 of 2025 7. With the abovesaid condition, this Criminal Miscellaneous Petition is ordered. 08.04.2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To The Fast Track Court-V, Saidapet, Chennai. 4/5 https://www.mhc.tn.gov.in/judis CRL MP No. 7042 of 2025 P.VELMURUGAN J mfa CRL MP No. 7042 of 2025 in CRL R.C.No.1487 of 2024 08-04-2025 5/5 https://www.mhc.tn.gov.in/judis