M/S.Muktha Laboratories Private Limited v. M/S.Sri Laxmi Exterprises

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2021

CORAM:

THE HON'BLE Mr. JUSTICE P.VELMURUGAN Criminal Revision Case No.200 of 2019 M/s.Muktha Laboratories Private Limited, Rep.by its Assistant Manager-Accounts, Mr.R.Ramesh ... Petitioner ..vs..

M/s.Sri Laxmi Enterprises, Rep.by its Partner Mr.V.Sivaraman ... Respondent Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to allow the revision and set aside the order of dismissal of the condone delay petition filed in Crl.M.P.No.2254 of 2018 along with Unnumbered Criminal Complaint under Section 138 of Negotiable Instruments Act in Un.STC.SR.No.3686 of 2018 passed by the learned Fast Track Magisterial Level No.II, Poonamallee, Thiruvallur District by order dated 12.11.2018. For Petitioner :

Mr.M.L.Sripathi For Respondent :

No appearance

O R D E R

This Criminal Revision Case has been filed against the order 12.11.2018 in Crl.M.P.No.2254 of 2018 along with Unnumbered Criminal Complaint under Section 138 of Negotiable Instruments Act in Un.STC.SR.No.3686 of 2018 on the file of the learned Fast Track Magisterial Level No.II, Poonamallee, Thiruvallur District.

2. This Court by order dated 08.01.2021 passed the following order :

'' It is represented by the learned counsel for the petitioner that the private notice sent to the sole respondent was returned with an endorsement 'left'. He has further submitted that the respondent is evading service.

https://hcservices.ecourts.gov.in/hcservices/

2.In the light of the above facts, the learned counsel for the petitioner is permitted to take substituted service on the respondent by effecting paper publication in any one of the local daily newspaper, indicating the date of hearing as 01.02.2021. Proof of such paper publication shall be filed before this Court. List the case for hearing on 01.02.2021.''

3. Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that he was not able to effect the paper publication and sought further time to comply the said order.

4.In the light of the above facts, this Court finds that the petitioner is not interested to proceed with the matter and also protracts the case further. Hence, this Criminal Revision Case is dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ms To The Fast Track Magisterial Level No.II, Poonamallee, Thiruvallur District.

Crl.R.C.No.200 of 2019 smI[co] srg 17/03/2021 https://hcservices.ecourts.gov.in/hcservices/