1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2011 CORAM: THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CRL.RC.(MD).No.297 of 2011 And M.P.(MD).No. 1 of 2011 Tmt. Umadevi : Petitioner / petitioner/Accused Vs. Ravi : Respondent / Respondent/Complainant PRAYER: Petition is filed under Section 397 and 401 of the Criminal Procedure Code, to call for the records and set aside the order in Cr.M.P.No. 1459 of 2011 dated 29.03.2011 in C.C.No. 551 of 2009 on the file of the learned Judicial Magistrate No.3, Dindigul. For Petitioner : Mr.B.Pugalendhi For Respondent : Mr.D.Venkatesh O R D E R Heard the submissions of the learned counsel appearing for the revision petitioner and the learned counsel appearing for the respondent. 2. The revision petitioner is facing prosecution under Section 138 of the Negotiable Instruments Act in C.C.No. 551 of 2009 and when the case was called on 29.03.2011, on behalf of revision petitioner/accused, petition under Section 317 of Cr.P.C., was filed to condone her absence and it was dismissed by the Lower Court for the reason that the revision petitioner earlier moved Criminal Original Petition before this Court for anticipatory bail apprehending arrest in pursuant to the Non-Bailable Warrant and this Court has directed to file an affidavit of undertaking in her future appearance. In vies of the same, the petition filed under Section 317 of Cr.P.C., cannot be considered and citing the said reason, the Lower Court dismissed the petition. 3. The learned counsel appearing for the petitioner would submit that the petitioner being a lady, was suffering on account of menstrual problem and consequently, she was not in a position to come over from Coimbatore to Dindigul and her absence on that date was neither wilful nor wanton. 4. The learned counsel appearing for the respondent strongly opposes this revision by contending that the petitioner has failed to comply with the earlier orders passed by this Court and therefore, the petition filed by her for condoning absence, was rightly dismissed by the Lower Court and no interference is warranted. 5. This Court taking into consideration the above facts and circumstances, is of the view that since the petitioner is a lady and has put-forth tenable reason for her absence on 29.03.2011, the impugned order rejecting her application under Section 317 of Cr.P.C., and issuing Non- bailable warrant is to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 6. In the result, this Criminal Revision Petition is allowed and Consequently, connected Miscellaneous Petition is closed and the impugned order dated 29.03.2011 in dismissing the application under Section 317 of Cr.P.C., is set aside subject to the following conditions:- (i) The revision petitioner shall execute a bond for a sum of Rs.10,000/- with two sureties for the likesum to the satisfaction of the learned Judicial Magistrate No.III, Dindigul; (*) and the petitioner shall surrender before the court of Judicial Magistrate No.III, Dindigul on or before 11.07.2012 and comply with the order dated 29.04.2011 made in Crl.RC (MD)No.297 of 2011 and MP(MD)No.1 of 2011. (ii) she shall file an affidavit of undertaking before the said Court on all future hearing dates without fail except on the dates where the Trial Court feels that on account of real and bona fide reasons, the accused could not appear, by filing application under Section 317 of Cr.P.C. Failure on the part of the petitioner to comply with any one of the said condition, would result in the dismissal of this Revision Petition without reference to this Court (*)and it is open to the trial court to proceed against petitioner/accused in accordance with law. 7. The Trial Court is also directed to expedite the disposal of the said calender case. Sd/ Assistant Registrar(Crl.side) (*) Amended asper order of this Court dated 26.06.2012. SD/- Assistant Registrar (R) /True Copy/ Sub Assistant Registrar(CS) To be substituted for the orders already despatched on 24.05.2011. The Judicial Magistrate No.3, Dindigul Copy To: The Section Officer, Criminal Records, Madurai Bench of Madras High Court, Madurai + 1 cc to Mr.D.Venkatesh Advocate, Sr.No.20310 CRL.RC.(MD).No.297 of 2011 And M.P.(MD).No. 1 of 2011 vsg/SMA/4C/2P 29.04.2011 TR : 28.06.2012 : 2p/4c : IT https://hcservices.ecourts.gov.in/hcservices/