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Madras High CourtCRL RC/1223/2016allowed

N.Selvaraj, Aged 49 Years v. S.Gunasekaran

2016-11-28Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1223 of 2016 N.Selvaraj S/o.Nachimuthu .. Petitioner vs.

S.Gunasekaran S/o.C.Subramaniam .. Respondent Criminal Revision filed under Section 397 and 401 Cr.P.C. against the order of learned District Munsif cum Judicial Magistrate, Perundurai, passed in C.M.P.No.3538 of 2016 in unnumbered S.T.C.No..... of 2015 on 30.08.2016. For Petitioner : Mr.A.Sundaravadhanan For Respondent : Mr.C.Munusamy

O R D E R

This revision arises against the order of learned District Munsif cum Judicial Magistrate, Perundurai, passed in C.M.P.No.3538 of 2016 in unnumbered S.T.C.No..... of 2015 on 30.08.2016.

2. Heard learned counsel for petitioner and learned counsel for respondent.

3. The case alleging offence u/s.138 of the Negotiable Instruments Act had been filed with delay of 10 days. In condoning such delay under orders dated 06.08.2016, the Court below has required the petitioner to pay a sum of Rs.300/- towards costs to the respondent/accused on or before 26.08.2016 informing that on failure to do so the complaint shall stand dismissed. Finding that such order has not been complied with, the petition was dismissed giving rise to this revision.

4. Learned counsel for petitioner has readily and immediately effected payment in a sum of Rs.500/- in costs to learned counsel for respondent.

5. In the circumstance, this Court directs learned District Munsif cum Judicial Magistrate, Perundurai, to treat C.M.P.No.3538 of 2016 on his file as allowed and proceed further https://hcservices.ecourts.gov.in/hcservices/

in accordance with law.

The Criminal Revision is disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gm To The District Munsif cum Judicial Magistrate, Perundurai.

+1cc to Mr.A. Sundaravadanan, Advocate, S.R.No.63545 GJI(CO) md(03/01/2017) Crl.R.C.No.1223 of 2016 https://hcservices.ecourts.gov.in/hcservices/