BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON: 03.09.2020 DELIVERED ON : 02.12.2020 CORAM : THE HONOURABLE MRS. JUSTICE R. THARANI

Χ[1/4, 16:32] Sekarreporter1: Crl.A.(MD) No.233 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON: 03.09.2020
DELIVERED ON : 02.12.2020
CORAM :
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl.A.(MD) No.233 of 2020
and
Crl.M.P.(MD)No.3714 of 2020
G.Samwell Rajendran … Appellant
Vs.
The Principal District and Sessions Judge,
Thoothukudi. … Respondent
Prayer:- Criminal Appeal filed under Section 351 of Criminal Procedure
Code, to call for the records and to set aside the same and acquit the
appellant in M.C.No.1 of 2020 by the order dated 09.06.2020 on the file
of the learned Principal District and Sessions Judge, Thoothukudi.
For Appellant : Mr.G.Prabhu Rajadurai
For Respondent : Mr.Mohemed Mohideen
JUDGMENT
This appeal has been filed to set aside the order passed in M.C.No.
1 of 2020 dated 09.06.2020 on the file of learned Principal District and
Sessions Judge, Thoothukudi.
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[1/4, 16:32] Sekarreporter1: Crl.A.(MD) No.233 of 2020
23.The appellant has admitted the issuance of show cause notice.
An opportunity for the appellant to file his reply was given. The
appellant has not filed any petition seeking time for filing counter. The
appellant has admitted the occurrence. The appellant in his reply mail has
extended his apology to the Court. Without praying for suspension of
sentence, the appellant has paid the fine. The petitioner cannot now
question the order of the learned Principal District Judge as a matter of
right. But considering the nature of the occurrence and considering the
introduction of virtual Court functioning and considering the fact that the
petitioner extended apology, some leniency has to be shown. Hence,
accepting apology, the order is set aside. The fine amount paid is directed
to be refunded to the petitioner.
24.With the above observation, this Criminal Revision Case is
disposed of. Consequently, connected miscellaneous petition is closed.
02.12.2020
Index : Yes / No
Internet : Yes / No
MRN
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