N.Govindaraj v. Selvamani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN N.Govindaraj ... Petitioner Vs.

Selvamani ... Respondent PRAYER: Criminal Revision has been filed under Section 438 r/w 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to set aside the order passed in S.T.C.No.537 of 2019 which was dismissed on 07.02.2025 by the learned Judicial Magistrate No.1 Court, Krishnagiri, by allowing this Revision Petition.

For Petitioner :

Mr.N.Suresh For Respondent :

No appearance

ORDER

This Criminal Revision has been preferred challenging the order dated 07.02.2025 passed by the learned Judicial Magistrate No.1 Court, Krishnagiri, in S.T.C.No.537 of 2019, thereby dismissing the complaint filed by the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred to as "the NI Act"), for

default.

2.

The petitioner lodged complaint as against the respondent for the offence punishable under Section 138 of the NI Act and the same was taken cognizance by the trial Court in S.T.C.No.537 of 2019. During the trial, the complainant was absent and hence the trial Court dismissed the complaint. Aggrieved by the same the present revision case. 3.

Considering the above facts and circumstances, in order to give one more opportunity to the petitioner to pursue his complaint, this Court is inclined to allow this revision. Accordingly, the order dated 07.02.2025 passed by the learned Judicial Magistrate No.1 Court, Krishnagiri, in S.T.C.No.537 of 2019, is hereby set aside. The matter is remanded back and the trial Court viz., learned Judicial Magistrate No.1 Court, Krishnagiri, is directed to proceed with the trial after issuance of notice to the parties and dispose the same on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this Order.

4.

Accordingly, the Criminal Revision Case stands allowed. 29.07.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order rts To

1. The Judicial Magistrate No.1, Krishnagiri.

G.K.ILANTHIRAIYAN. J, rts 29.07.2025