1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:07.06.2011 CORAM THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Crl.RC(MD)No.24 of 2011 and MP(MD)No.1 of 2011 C.Cross Melvin :Revision Petitioner/Petitioner/1st Respondent -Vs- Angel Mary :Respondent/Respondent/Petitioner Prayer:Criminal Revision Case filed under Section 397 r/w. 401 of Cr.P.C. against the order passed by the Sessions Judge, Kanyakumari Division at Nagercoil in Crl.M.P.No.3943 of 2010 dated 15.12.2010 allowing the petition on condition of payment of the maintenance amount as ordered by the lower Court and deposit of Rs.2,00,000/- before the lower Court on or before 12.01.2011 in Crl.M.P.No.137 of 2010 passed by the Judicial Magistrate No.II, Nagercoil dated 05.10.2010. For Petitioner:M/s. P.Prabhakaran For Respondent:Mr.K.Vamanan ORDER By consent, the main revision itself is taken up for final hearing. 2.The revision petitioner is arrayed as the first respondent in Crl.M.P.No.137 of 2010 filed by the respondent herein under Section 12 of the Protection of Women from Domestic Violence Act, 2005. A perusal of the typed set of papers would disclose that the respondent got married to the revision petitioner on 26.12.2007 and according to her, at the time of marriage, 48 sovereigns of gold jewels were given and a sum of Rs.2 lakhs in cash was also paid to the revision petitioner. Subsequently, the revision petitioner started ill-treating the respondent herein and she was gone out of her matrimonial home on the pretext of demanding dowry in the form of jewels and cash. The revision petitioner herein who is arrayed as the respondent, has filed a counter opposing the said petition stating that the enquiry was conducted by the Social Welfare Officer and that the respondent is living away from the company of the revision petitioner on her own volition and that the averments with regard to the demand of dowry and ill-treatment are wholly false and concocted. 3.The Court of Judicial Magistrate No.II, Nagercoil after taking into consideration the averments made in the petition and the counter, found that the revision petitioner undertook to reimburse a sum of Rs.2 lakhs in the enquiry conducted by the Social Welfare Officer on 27.02.2009 and accordingly, issued a cheque dated 27.03.2009 drawn on Standard Chartered Bank. The lower Court taking into consideration the said aspect, has https://hcservices.ecourts.gov.in/hcservices/ 2 directed the revision petitioner herein to pay a sum of Rs.2 lakhs. The trial Court has also ordered the revision petitioner herein to return the jewels weighing about 23.960 grams vide judgment dated 05.10.2010. 4.The revision petitioner aggrieved by the said order filed an appeal before the Principal Sessions Court, Kanyakumari Division at Nagercoil and pending disposal of the appeal, filed Crl.M.P.No.3943 of 2010 to stay the operation of the order dated 05.10.2010 made in Crl.M.P.No.137 of 2010. The lower appellate Court has taken into consideration of the fact that the revision petitioner himself undertook to reimburse a sum of Rs.2 lakhs and also issued a cheque in this regard, found that the said portion of the order passed by the lower Court need not be stayed. Accordingly, directed the petitioner to deposit a sum of Rs.2 lakhs before the Court of Judicial Magistrate No.II, Nagercoil on or before 12.01.2010 with a default clause. Challenging the vires of the same, the present revision is filed. 5.The learned counsel appearing for the revision petitioner would submit that the conditional order passed by the lower appellate Court directing the revision petitioner to deposit a sum of Rs.2 lakhs on or before 12.01.2010 is unsustainable and that the issuance of the cheque for a sum of Rs.2 lakhs, is under serious dispute. 6.Per contra, the learned counsel for the respondent would submit that the petitioner in the enquiry conducted by the Social Welfare Officer, himself undertook to pay a sum of Rs.2 lakhs and accordingly, issued a cheque for the said sum and hence, there is no infirmity in the order passed by the said Court. 7.The Court carefully considered the rival submissions. 8.The fact remains that in the enquiry conducted by the Social Welfare Officer, the revision petitioner has issued a cheque bearing No.330215 dated 27.03.2009 drawn on Standard Chartered Bank and according to the learned counsel for the respondent, it was found that there was no amount lying to the credit of the said account. When the matter was heard on the last occasion, it was suggested to the revision petitioner to deposit a sum of Rs.2 lakhs without prejudice to his rights and contentions to the credit of Crl.M.P.No.137 of 2010 on the file of the Court of Judicial Magistrate No.II, Nagercoil. However, The learned counsel for the revision petitioner on instructions would submit that the revision petitioner is not having enough means to deposit the said sum to the credit of the above said account. https://hcservices.ecourts.gov.in/hcservices/ 3 9.This Court is of the view that the lower appellate Court in proper exercise of its discretion and jurisdiction, has directed the revision petitioner to deposit a sum of Rs.2 lakhs to the credit of above said procedure. It is also pertinent to point out at this juncture that the said Court has not passed any order directing the respondent to withdraw a sum of Rs.2 lakhs to be deposited by the revision petitioner. Since the lower appellate Court has properly exercised its discretion in fair and proper manner, this Court finds that there is no error, irregularity and infirmity on the face of the record in the impugned order passed by it. Therefore, the revision petition is dismissed. Consequently, the connected Miscellaneous Petition is closed. 10.The Court of Principal Sessions Judge, Kanyakumari District, Nagercoil is directed to dispose of the appeal as expeditiously as possible. Sd/- Assistant Registrar (Crl.side) / TRUE COPY / Sub Assistant Registrar To: 1. The Sessions Judge, Principal District Court, Kanyakumari Division at Nagercoil. 2. The Judicial Magistrate No.II, Nagercoil. Copy To: The Section Officer (Criminal Records), Madurai Bench of Madras High Court, Madurai. +1CC to Mr.K.Vamanan, Advocate. SR.No.17342. +1CC to Mr.P.Prabhakaran, Advocate. SR.No.17428. Akv RP/17.06.2011/3P/6C. Crl.R.C.(MD)No.24 of 2011 and MP(MD)No.1 of 2011 07.06.2011 https://hcservices.ecourts.gov.in/hcservices/