C.M.Babu v. Ramsil Scientific Products

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.M.Babu .....

Petitioner Vs.

1.M/s.Ramsil Scientific Products, Rep. by its Proprietor K.Murugan, Having office at No.29, 5" Pillaiyar Koil Street, Ekkatuthangal, Chennai 600 032 2.K.Murugan .....

Respondents PRAYER:

Criminal Revision Case is filed under Section 438 of BNSS, 2023, praying to set aside the order in Crl.MP.No.139 of 2024 in STC.SR.No.1017 of 2023 dated 12.07.2024 on the file of the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam, Chennai 600 003. For Petitioner : Mr.R.Ganesh Kumar

O R D E R

This criminal revision case has been preferred against the order passed in Crl.MP.No.139 of 2024 in STC.SR.No.1017 of 2023 dated

12.07.2024 on the file of the learned Metropolitan Magistrate, Fast Track CourtII, Egmore @ Allikulam, Chennai, thereby dismissing the petition filed for seeking to condone the delay of 251 days in re-presentation of the petitioner's complaint.

2.

Heard, the learned counsel appearing for the petitioner and perused, all the materials placed before this Court. 3.

On perusal of records, it is revealed that the petitioner is the complainant. He had lodged a complaint against the respondent for the offence punishable under Section 138 of NI Act. The complaint was returned for rectifying certain corrections. However, it was not re-presented in time. It is stated by the petitioner that when his counsel's office was shifted to some other place, the main bundle mingled with another bundle and therefore, his counsel was not able to trace the bundle to re-present the complaint within the time stipulated by the trial court.

4.

Considering the above facts and circumstances, in order to give one more opportunity to the petitioner to put forth his case, this Court is inclined to set aside the impugned order. Accordingly, the impugned order passed in

Crl.MP.No.139 of 2024 in STC.SR.No.1017 of 2023 dated 12.07.2024 on the file of the learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam, Chennai is set aside. Consequently, the trial court is directed to take the aforementioned complaint of the petitioner on file and to proceed with the same in accordance with law.

5.

With the above direction, this criminal revision case stands allowed.

27.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J.

lok To 1.The learned Metropolitan Magistrate, Fast Track Court-II, Egmore @ Allikulam, Chennai 2.K.Murugan, Proprietor, M/s.Ramsil Scientific Products, Having office at No.29, 5" Pillaiyar Koil Street, Ekkatuthangal, Chennai 600 032 27.06.2025