Madras High CourtCRL OP/9788/2015closed

Bharathiyar Unviersity v. N.M.Sukumar

2015-06-11Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.9788 of 2015 Bharathiyar University Employees Co-operative Housing Society Ltd., HSG 2, rep by its Secretary G.Rajendran S/o Govindarajan having office at Bharathiar University Coimbatore 641 046.

.. Petitioner/Complainant Vs N.M.Sukumar .. Respondent/Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to issue direction to the learned Judicial Magistrate No.6, Coimbatore either to trace out the original complaint and the documents appended therewith or to permit the petitioner to reconstruct the case bundle and the documents to prosecute the complaint against the respondent.

For Petitioner : Mr.N.Manokaran

ORDER

This petition has been filed for a direction to the learned Judicial Magistrate No.6, Coimbatore to trace the case papers relating to a complaint filed by the petitioner under Section 138 of the Negotiable Instruments Act or reconstruct same.

2. On 20.04.2015, this Court called for a report from the learned Judicial Magistrate No.6, Coimbatore. The learned Judicial Magistrate No.6, Coimbatore has sent the following report: "I humbly submit that the Hon'ble High Court has directed me to submit report as per reference cited above.

I further humbly submit that a Private Complaint (i.e.) Bharathiyar University Employees Cooperative Housing Society Ltd HSG-2 Rep by its Secretary G.Rajendran Vs N.M.Sukumar u/s 138 NI Act was presented before this Court on 02.01.2012 and https://hcservices.ecourts.gov.in/hcservices/

this case was taken on file on 16.02.2015 as C.C.73/2012.

After several hearing, this complainant was dismissed u/s 204(4) Cr.P.C. for non payment of process fee on 07.01.2014. The original complaint and documents are available in this Court record room."

In view of the above, nothing survives in this petition. Accordingly, this petition stands closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gms To The Judicial Magistrate No.6, Coimbatore.

+ 1 cc to Mr.N.Manokaran, Advocate Sr.28518 Crl.OP No.9788 of 2015 MSM(CO) EU 01.07.15 https://hcservices.ecourts.gov.in/hcservices/