Madras High CourtCRL RC/1393/2016allowed

G.Kumar, Aged 44 Years v. K.Palaniswamy

2016-11-17Honourable Mr Justice C. T. Selvam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2016

CORAM:

THE HON'BLE MR.JUSTICE C.T. SELVAM Crl.R.C.No.1393 of 2016 G.Kumar S/o.Gajendran .. Petitioner Vs.

K.Palaniswamy .. Respondent Criminal Revision filed under Sections 397 and 401 Cr.P.C. against the order of learned XVIII Metropolitan Magistrate, Saidapet, Chennai, passed in unnumbered C.C.No....of 2014 on 30.09.2016.

For Petitioner :

Mr.S.Vijay Anand *****

O R D E R

This revision arises against the order of learned XVIII Metropolitan Magistrate, Saidapet, Chennai, passed in unnumbered C.C.No.... of 2014 on 30.09.2016.

2. Petitioner/complainant preferred a complaint against respondent informing that a cheque bearing No.058201 dated 21.04.2014 in a sum of Rs.1,75,000/- drawn on IDBI Bank, Chennai, stood issued to him by respondent towards repayment which upon presentation was returned unpaid for the reason "insufficient funds". As the petitioner repeatedly was absent before the Court below, such complaint was dismissed for default under orders dated 30.09.2016. Against such order, the present revision has been filed.

3. Heard learned counsel for petitioner.

4. Satisfied with the submissions of learned counsel for petitioner, this Court would set aside the order under challenge on condition that the petitioner deposits a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Tamil Nadu State Legal Services Authority within a period of two weeks from today. On producing proof thereof, the Court below shall entertain the complaint and proceed further in accordance with law.

https://hcservices.ecourts.gov.in/hcservices/

The Criminal Revision Petition is disposed of with the above direction. Registry is directed to return all the original papers to learned counsel for petitioner.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar gm To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai.

2.The Secretary Tamil Nadu State Legal Service Authority High court Building Campus, High court Madras-104 +2 ccs to Mr.S.Vijay Anand Advocate sr 66336 Crl.R.C.No.1393 of 2016 aa23/11/2016 https://hcservices.ecourts.gov.in/hcservices/