Madras High CourtCRL RC/991/2016allowed

B. Naveen Kumar, Age 29 Years, v. S. Perumal, Age 35 Years,

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.11.2016

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.991 of 2016 B.Naveen Kumar ... Petitioner/Petitioner/ Complainant vs S.Perumal ... Respondent/Respondent/Accused Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the learned Judicial Magistrate, Sholinghur, Vellore District and set aside the order passed by him in Crl.M.P.No.5005 of 2016 dated 10.06.2016.

For Petitioner : Mr.G.P.Sivakumar For Respondent : Mr.A.Saranraj

O R D E R

The petitioner moved CMP.No.5005 of 2015 on the file of the learned Judicial Magistrate, Sholingur, Vellore District for condoning the delay of 116 days in preferring the complaint under Section 138 of the Negotiable Instruments Act. Such petition, the learned Judicial Magistrate has condoned the delay directing payment of costs in a sum of Rs.200/- to the respondent. The petitioner having preferred petition on 24.06.2015 has not effected payment of costs till 10.06.2016, the date on which the impunged order came to be passed. Challenging the said order, the petitioner preferred this criminal revision.

2. Heard Mr.G.P.Sivakumar the learned counsel appearing for the petitioner and Mr.A.Saranraj, learned counsel for the respondent.

3. In the interest of justice, this criminal revision is allowed on payment of Rs.1000/- towards costs to the Tamil Nadu Legal Aid Services Authority, Chennai within a period of one week from today and upon proof of such payment, the court below https://hcservices.ecourts.gov.in/hcservices/

shall treat CMP.No.5005 of 2005 as allowed and proceed with the complaint case in accordance with law.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rrg To The Judicial Magistrate Sholingur.

2 The Secretary Tamil Nadu Legal Aid Service Authority, High Court, Chennai +1cc to Mr.A. Saranraj, Advocate, S.R.No.69525 pk(CO) md(29/12/2016) Crl.R.C.No.991 of 2016 https://hcservices.ecourts.gov.in/hcservices/