M.Thirupathy v. P.N.New Arani Rice Mandy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2017

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1053 to 1057 of 2017 M.Thirupathy .. Petitioner in all Crl.R.Cs.

vs.

P.N.New Arani Rice Mandy By its Proprietor A.Pavendhar Son of Appakutti No.886/A, Weekly Market Street Vaniyambadi, Vellore District.

.. Respondent in all Crl.R.Cs.

Criminal Revision filed under Section 397 and 401 Cr.P.C. to set aside the judgment dated 04.07.2015 in CMP.Nos.2187, 2188, 2189, 2190 and 2195 of 2015 on the file of the learned District Munsif-cum-Judicial Magistrate, Vaniyambadi. For Petitioner : Mr.V.V.Sairam For Respondent : Mr.G.Vinodh Kumar C O M M O N O R D E R These revisions arise against the orders of learned District Munsif-cum-Judicial Magistrate, Vaniyambadi passed in CMP.Nos.2187, 2188, 2189, 2190 and 2195 of 2015 on 04.07.2015.

2. The respondent had preferred five complaints alleging commission of offences under Section 138 of the Negotiable Instruments Act against petitioner. The complaints were returned by the Court below. The respondent re-presented the same after a delay of 16 months. Petitions filed by the respondent for condonation of delay had been allowed. Aggrieved thereby, the petitioner/accused has filed the present revisions.

3. Heard both sides.

4. Learned counsel for petitioner raised two contentions, which find immediate acceptance at the hands of this Court. Learned counsel contended that the orders under https://hcservices.ecourts.gov.in/hcservices/

challenge do not inform reasons. He also contended that notice ought to have been issued to petitioner/accused towards affording him an opportunity to oppose the petitions seeking condonation of delay.

5.This Court being in agreement with such contentions allows these revisions and accordingly sets aside the orders under challenge.

The Court below shall now consider CMP.Nos.1053 to 1057 of 2015 in STC.No.507 of 2015 afresh after causing notice to respondent/accused and thereafter, pass a reasoned order on merits. Whatever is observed herein above is only for the disposal of these revisions and this Court makes it clear that it has no bearing on the merits of the case of either side. The decision on the merits shall lie at the judicial discretion of the Court below.

sd/ Assistant Registrar(CS III) /true copy/ Sub Assistant Registrar rm To The District Munsif cum Judicial Magistrate, Civil Judge (Junior Division), Vaniyambadi.

+1cc to Mr.V.V.Sairam, Advocate SR.No.8379 +1cc to Mr.G.Vinodh Kumar, Advocate SR.No.7936 Crl.R.C.No.1053 to 1057 of 2017 SKS(CO) GN(09/03/2017) https://hcservices.ecourts.gov.in/hcservices/