M/S.Monotech Systems Limited v. M/S. S.R.Towers (India) Private Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN M/s.Monotech Systems Ltd., Registered & Corporate Office at 8B, "Chaitanya Exotica"
24, Venkatnarayana Road, T.Nagar, Chennai - 600 017.
Rep. by its Sr.Accounts Executive Mr.N.Srinivasan
...Petitioner in all the Revisions
Vs.
1. M/s.S.R.Towers (India) Private Limited 11-891-7/3, 2nd Floor, Sai Brundavanam, Amaravathi Road,Guntur : 522 034, Andhra Pradesh, Rep. by its Managing Director Mr.Jampani Sanjeeva Rao.
2. Mr.Jampani Sanjeeva Rao Managing Director, M/s.S.R.Towers (India) Private Limited 11-891-7/3, 2nd Floor, Sai Brundavanam, 13th Line, Dwaraka Nagar, Amaravathi Road, Gorantl : 522 034, Andhra Pradesh 1/7
3. Mr.Anjaiah Paladugu Director M/s.S.R.Towers (India) Private Limited Flat No.201, Balaji Towers, Pandaripuram, 4th Line, Near Axis Bank, Guntur 522 002.Andhra Pradesh
4. Mrs.Jampani Madhavi, Director, M/s.S.R.Towers (India) Private Limited 11-891-7/3, 2nd Floor, Sai Brundavanam, 13th Line, Dwaraka Nagar, Amaravathi Road, Gorantl, Guntur : 522 034, Andhra Pradesh
5. Mrs.Varakumari Marineni Director, M/s.S.R.Towers (India) Private Limited 4-19-101, 5th Line, Vikas Nagar, Guntur : 522 034, Andhra Pradesh
6. Mr.Lakshmisujatha Karanam, Director, M/s.S.R.Towers (India) Private Limited 11-891-7/3, Sai Brundavanam 3rd Floor, Dwaraka Nagar 13th Line, Guntur : 522 007, Andhra Pradesh
7. Mr.Srinivasa Rao Suryadevara Director M/s.S.R.Towers (India) Private Limited 4-5-29/68, Vidya Nagar, Chandramouli Nagar, Guntur 522 007.
Andhra Pradesh
...Respondents in Crl.R.C.No.190/2025
2/7
Mr.Ahilan, Proprietor, M/s.R Zone Color Lab, No.115-E, Deverpuram Road, Opp. To Subbaiah Vidyalayam School, Near Big Vegetable Market, Thoothukudi 628 002.
...Respondent in Crl.R.C.No.191/2025
Mr.Pankaj Kumar Proprietor, M/s.Shree Balaji Traders, 1138, Shora Kothi Gali, Sagar Chand, Subzi Mandi, Clock Tower, Delhi 110 007. ...Respondent in Crl.R.C.No.192/2025 Prayer in all the Revisions: The Criminal Revision filed under Section 438 r/w Section 442 of BNSS to call for records in Crl.M.P.Nos.65864, 65851 and 65862 of 2024 in S.R.Nos.94391, 94394 and 94392 of 2024 on the file of the learned Metropolitan Magistrate, Fast Track Court - I, Egmore @ Allikulam, Chennai and set aside the order dated 05.11.2024. For Petitioners : Mr.M.Fazulul Haq in all the Revisions For Respondents : No Appearance ****** 3/7
COMMON ORDER These criminal revisions are preferred against the order of learned Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai, dated 05.11.2024.
It is seen that the petitioner is complainant and he filed separate private complaints under Section 200 Cr.P.C for an offence under Section 138 of Negotiable Instruments Act, 1881, against the respondents. The said complaints were returned for some defects and the petitioner represented the complaints with delay of 81 days and the Court below dismissed all the miscellaneous petitions stating that the delay has not been properly explained.
Despite service of notice and name of the respondents also being printed in the cause list, none appeared on behalf of the respondents. Further since these revisions are filed against the dismissal of petitions 4/7
seeking condonation of delay in re-presenting the complaints, this Court based on the papers disposing of the same by this common order. The petitioner has filed the complaints in time, but there was delay of 81 days in re-presenting the complaints. The learned Metropolitan Magistrate, observed that in a petition seeking condonation of delay, the petitioner has to explain each and every day of delay and the petitioner has not properly explained the delay.
Even though the delay of each and every day should be properly explained as observed by the learned Metropolitan Magistrate, considering the fact that the complaints were filed in time and the delay occurred only while re-presenting the complaints. The parties are nothing to do with the procedures and it is for the counsel to cure the defects and represent the same. Therefore in order to give opportunity, this Court is inclined to condone the delay of 81 days in re-presenting the complaints. 5/7
Accordingly, these criminal revision cases are allowed and the delay of 81 days in re-presenting the complaints is hereby condoned and the learned Metropolitan Magistrate is directed to take the complaints on file, if it is otherwise in order and proceed further in accordance with law. 13.02.2025 Index : Yes/No cgi To The Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai 6/7
P.VELMURUGAN, J., cgi 13.02.2025 7/7