J.Nirmala v. Harihjan Singh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.01.2016

CORAM

THE HONOURABLE MR.JUSTICE C.T.SELVAM Crl.R.C.No.511 of 2010 J.Nirmala .. Petitioner/Appellant vs.

1.Harihjan Singh 2.Nirmal Singh .. Respondents/Accused Criminal Revision filed under sections 397 and 401 Cr.P.C. to set aside the order passed by the learned Metropolitan Magistrate No.VII, George Town, Chennai - 1 in C.C.No.11056 of 2007 dated 22.03.2010.

For Petitioner :

No Appearance For Respondents :

Mr.C.Iyyapparaj Govt. Advocate (Crl.side)

O R D E R

This revision is preferred against the dismissal of a complaint informing commission of offence under Section 138 of the Negotiable Instruments Act for the reason that for several hearings the complainant has been absent.

2. A perusal of the order of the Court below dated 22.03.2010 informs that the order of dismissal complained against is quite justified. On perusal of the complaint preferred by the petitioner, it is seen that the cheque was dishonoured by a partnership firm. The partnership firm has not been arrayed as an accused and therefore the liability of others arrayed as accused would not arise. This is one further reason why the order of the Court below is justified.

3. The criminal revision is dismissed.

gpa -s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/

To

1. The Metropolitan Magistrate No.VII, George Town, Chennai - 1

2. The Public Prosecutor Madras High Court, Chennai Copy to The Section Officer, Criminal Section, High Court, Madras.

ak(co) prk4/2 Crl.R.C.No.511 of 2010 https://hcservices.ecourts.gov.in/hcservices/