M.Vinayagam v. R.Ganesh

O R D E R Heard Mr.T.Shanmugam, learned counsel for the Petitioner and Mr.M.Abishek, learned counsel for the Respondent.

¶2Mr.T.Shanmugam, learned counsel for the Petitioner submits that this Criminal Miscellaneous Petition has been filed under Section 5 of the Limitation Act, 1963, seeking to condone the delay of 500 days in filing the Criminal Revision Petition. Page1 of 4

¶3Mr.M.Abishek, learned counsel appearing for the Respondent has stated that he has no objection in allowing this petition, subject to the condition that the petitioner may deposit atleast 50% of the total cheque amount viz., Rs.10,00,000/-.

4.The learned counsel for the petitioner submitted that his client is ready to bring the Demand Draft of Rs.5,00,000/-, being 50% of the total cheque amount, in the name of the respondent on the next date fixed. He also submitted that as there is some medical problem with the petitioner, he prayed for four weeks time. He also prayed that the suspension of sentence application shall also be considered on the next date fixed.

5.In view of the reasons stated in the affidavit filed in support of the condone delay petition which appears to be convincing and genuine and the assurance given by the learned counsel for the petitioner, to show his bonafide, that the petitioner will bring a Demand Draft for a sum of Rs.5,00,000/-, which is the 50% of the total cheque amount in the name of the respondent and recording the no objection given by the learned counsel for the respondent, the delay of 500 days in filing the above Criminal Revision Petition is condoned. Page2 of 4

¶6The Office is directed to number the Crl.R.C. immediately and list the matter 'for admission' on 17.08.2026. On that date, the application for suspension of sentence shall be considered, subject to the condition that the petitioner may bring the Demand Draft in the name of the respondent viz., R.Ganesh, as assured. It is made clear that in case of failure to bring the draft on the next date fixed, the Criminal Revision case shall stand dismissed automatically. 14-07-2026 Index: Yes/No Speaking/Non-speaking order GSA Page3 of 4 CRLoMPoNo.o8741oofo2026 SHAMIMoAHMEDoJ. GSA CRLoMPoNo.o8741oofo2026 INoCRLoRCoSRoNO.o30268oOFo2026 14-07-2026 Page4oofo4

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-07-2026 CORAM THE HON'BLE MR.JUSTICE SHAMIM AHMED in CRL RC SR NO. 30268 OF 2026 M.Vinayagam ..Petitioner(s) Vs R.Ganesh ..Respondent(s) PRAYER- This Criminal Miscellaneous Petition is filed under Section 5 of the Limitation Act, 1963, to condone the delay of 500 days in filing the above Revision Petition against the order passed in Crl A.No.122 of 2023 dated 04.10.2024 on the file of District and Sessions Judge, Tirupattur, confirming the judgment passed in S.T.C. No.539 of 2020 dated 11.11.2022, on the file of the Judicial Magistrate No.I, Thirupattur. For Petitioner(s): Mr.T.Shanmugam For Respondent(s): Mr.M.Abishek