CHANDRA MOULEESWARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision filed by the petitioner I surety is directed against the order dated 29-6-1990, in C.A. No. 76 of 1990, on the file of VI Additional Sessions Judge, Madras, confirming the order passed by the XVIII Assistant Sessions Judge, Madras, in Crl.M.P. No. 767 of 1990, in S.C. No. 41 of 1986, on 5-3-1990.

(2.) The car involved in Sessions Case No. 41 of 1986, on the file of XVIII Assistant Sessions Judge, Madras, was directed to be returned to one Subiah, the owner of the car. The petitioner stood as a surety and executed a bond in favour of the car owner. Since the said car was not produced by the car owner, on the direction of the Court, both the car owner and the surety were summoned to appear before the court on 53-1990. The car owner filed a petition in Cr1. M.P. No. 767 of 1990 in S.C. No. 41 of 1986, stating that the car which was originally return to him seven years back by the orders of the court was dismantled, since he was under the impression, that the case was closed already and requesting to condone the non-production of the car and admonish the car owner. The petitioner / surety also filed a statement before the Court on 5-3-1990, expressing the inability to produce the car, in view of the statement made by the said car owner in his petition in Crl.M.P. No. 767 of 1990.

(3.) The XVIII Assistant Sessions Judge, Madras, passed an order directing the petitioner to pay a sum of Rs. 13,000/ - as penalty towards the bond executed by him. The order dated 5-3-1990 reads thus: Surety Chandra Mouleeswaran present furnished a reply. He is ordered to pay a sum of Rs. 13,000/- towards the bond executed by him. Rs. 500/ -paid, For paying the Balance of Rs. 12,500/- by 19-3-1990.