Sree Gokulam Chit And Finance Company v. Ruckmani Halan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Sree Gokulam Chit and Finance Company Pvt. Ltd., Represented by its Deputy Manager, Mr.V.Premkumar, Having Office at No.205, Sattar Building, Commercial Road, Ootacamund, Nilgiris.

... Petitioner Vs.

Ruckmani Halan ... Respondent PRAYER : Criminal Revision filed under Section 397 r/w 401 of the code of Criminal Procedure, to set aside the order dated 05.02.2024 in S.T.C.No.54 of 2023 on the file of the Judicial Magistrate, Udhagamandalam and restoring the complaint to file.

For Petitioner :

Mr.B.Chandrasekaran For Respondent :

Mr.J.Srinivasan

O R D E R

This criminal revision case is filed against the order dated 05.02.2024 passed in S.T.C.No.54 of 2023 by the learned Judicial Magistrate, Udhagamandalam.

2. The learned counsel appearing for the petitioner submits that the respondent is arrayed as accused in the complaint instituted by the petitioner under Section 138 of Negotiable Instruments Act before the learned Judicial Magistrate, Udhagamandalam which was taken on file in S.T.C.No.54 of 2023. However, the same was dismissed as non-payment of process fee on 05.02.2024. He would further submit that, to show his bona fide, the petitioner is ready to pay a sum of Rs.5,000/- to the District Legal Services Authority, Udhagamandalam, Nilgiris and this Court may set aside the impugned order passed by the trial Court, since without providing opportunity to the petitioner, the case was dismissed for non-payment of process fee on 05.02.2024.

3. The learned counsel appearing for the respondent has no serious

objection to the submission made by the learned counsel appearing for the petitioner.

4. Considering the submissions made by the learned counsel appearing for the petitioner and the fact that the complaint filed by the petitioner in S.T.C.No.54 of 2023 was dismissed as non-payment of process fee on 05.02.2024, in order to give one opportunity to the petitioner, this Court is inclined to set aside the order dated 05.02.2024 passed in S.T.C.No.54 of 2023 by the learned Judicial Magistrate, Udhagamandalam and accordingly, it is set aside on the following terms: (i) the petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the District Legal Services Authority, Udhagamandalam, Nilgiris and a proof to that effect shall be produced before the learned Judicial Magistrate, Udhagamandalam. (ii) On production of proof by the petitioner, the learned Judicial

Magistrate, Udhagamandalam, is directed to restore S.T.C.No.54 of 2023 on file and decide the case on merits and in accordance with law, after providing sufficient opportunity to the petitioner and the respondent, and dispose of the same as expeditiously as possible.

5. Accordingly, the Criminal Revision Case is allowed. 11.07.2024 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No vji To The learned Judicial Magistrate, Udhagamandalam.

M.DHANDAPANI, J.

vji 11.07.2024