Vimal Malani v. Shyni Thomas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-12-2024

CORAM

THE HONOURABLE MR JUSTICE SUNDER MOHAN VIMAL MALANI S/O.RAM NIVAS MALANI, NO.384, 5TH MAIN ROAD, M.K.B NAGAR, VYSARPADI, CHENNAI - 600 039 APPELLANT(S) Vs SHYNI THOMAS D/O.LATE THOMAS PALLIPARAMBIKUJAM, C/O.K.M.THOMAS (ASST DEV COMMISSIONER (RETD) THEKKEN PUTHENPURAKKAL, CHILAVANNUR, OPP UCO BANK NEAR KODAVATARA CIRCLE, KODAVANTARA, ERNAKULAM - 682 020.

RESPONDENT(S) CRL A SR. 29674 of 2024 VIMAL MALANI PETITIONER(S) Vs SHYNI THOMAS APPELLANT(S) For Appellant(s):

SELVIN M A.JOHN AFFIDAVIT OF SERVICE FILED For Respondent(s):

COURT NOTICE - SERVICE AWAITED PVT.NOTICE - FILED NOTICE RETURNED AS LEFT WITHOUT

INSTRUCTIONS

ORDER

The petitioner seeks leave to file an appeal against the order dismissing his complaint for non-appearance under Section 204(4) r/w 256 of the Cr.P.C. and consequential acquittal of the respondent.

2. The learned counsel for the petitioner would submit that the complaint filed by the petitioner was dismissed for non payment of batta by the petitioner; that non-payment of batta is neither wilful nor wanton; and that therefore, one more opportunity may be given to pursue his case on merits.

3. The points raised by the petitioner require consideration by this Court and hence, leave is granted to file an appeal.

4. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

5. Registry is directed to number the appeal and post for admission, if it is otherwise in order.

10.12.2024 ars SUNDER MOHAN , J.

ars To

1. SHYNI THOMAS D/O.LATE THOMAS PALLIPARAMBIKUJAM, C/O.K.M.THOMAS (ASST DEV COMMISSIONER (RETD) THEKKEN PUTHENPURAKKAL, CHILAVANNUR, OPP UCO BANK NEAR KODAVATARA CIRCLE, KODAVANTARA, ERNAKULAM - 682 020.

10.12.2024