Madras High CourtCRL RC/1077/2025dismissed

P.R.Sekar Reddy v. H.Nasim

2025-07-15Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.No.1077 of 2025 P.R.Sekar Reddy .....

Petitioner Vs

1. H.Nasim Partner M/S.Jisha Fruits, S/o.Hasan Kutty Rawuthar, Nasim Bhawanam, Vedaraplavu Post, Charummoodu Village, Alleppey District, Kerala-690 505.

2. Saji Varghese, Partner M/S.Jisha Fruits, S/o.Late Thondil Koshi, No.T/D, 64, Anna Fruits, Whole Sale Market, Koyembedu, Chennai-600 107.

.....

Respondents Prayer: Criminal Revision is filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to call for the records relating to the order dated 29.04.2024 in C.C.No.1493 of 2015 passed by the learned XXV Metropolitan Magistrate, Egmore, Chennai and set-aside the same by allowing the Criminal Revision Petition. For Petitioner : Mr.V.Vadivalagia Nambi For R2 : Mr.Aakash Guru. G

ORDER

This Criminal Revision Case has been filed challenging the order dated 29.04.2024 passed in C.C.No.1493 of 2015 by the learned XXV Metropolitan Magistrate, Egmore, Chennai, thereby dismissing the complaint on the ground that the process fee was not paid.

2. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the second respondent. Perused the materials available on record.

3. A perusal of the records reveals that the case pertains to the cheques issued in the year 2012. When the cheques were presented for collection, both were returned dishonoured with the endorsement "Account Closed". Though the complaint was filed in the year 2012, it was taken cognizance only in the year 2015 and the delay is only on the part of the petitioner herein. Even after taking cognizance, the petitioner failed to pay the process fees for issuance of notice to the counter party for the past nine years. That apart, the petitioner was also continuously absent before the Trial Court. Even then, the revision has been filed with a huge delay. Though this Court had condoned the delay, on merits, this

Court finds no substance in this revision. Therefore, the Trial Court rightly dismissed the complaint.

4. In view of the above, this Court finds no merits in this criminal revision case and it is liable to be dismissed. Accordingly, this Criminal Revision Case stands dismissed.

15.07.2025 Index : Yes/No Internet : Yes/No Speaking/Non Speaking order Lpp To The XXV Metropolitan Magistrate, Egmore, Chennai.

G.K.ILANTHIRAIYAN. J,

Lpp Crl.R.C.No.1077 of 2025 15.07.2025