R.Baskar v. M/S. Rite Steel Industries Pvt. Ltd.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.M.P.Nos.1729 & 1731 of 2025 in Crl.R.C.Nos.1447 & 1448 of 2019 R.Baskar ... Petitioner in both petitions Vs.

M/s.Rite Steel Industries Pvt Ltd., Rep,by Director Mr.P.Vaidyanathan, 101, A& B SIDCO Industrial Estate, Kakalur, Thiruvallur District-602003.

... Respondent in both petitions COMMON PRAYER: Criminal Miscellaneous Petitions filed under Section 482 of Code of Criminal Procedure, to restore the Crl.R.C.Nos.1447 & 1448 of 2019 which were dismissed for non-prosecution on 23.04.2024 and to restore the same.

For Petitioner : Mr.K.Rahavan in both petitions For Respondent :

Mr.K.Sanjay in both petitions Page No.1 of 4

ORDER

Criminal Miscellaneous Petitions have been filed to restore Crl.R.C.Nos.1447 & 1448 of 2019 which were dismissed for nonprosecution by this Court on 23.04.2024. 2.The learned counsel for the respondent in both the petitions strongly objected the petitioner's plea stating that in this case, the petitioner was convicted by the Trial Court for offence under Section 138 of Negotiable Instruments Act, 1881. He would further submit that the case pertains to the year 2016, it is almost nine years the petitioner is suffering two concurrent conviction, hence, the present petitions may be allowed with a cost. 3.Considering the fact that the main revisions dismissed on technical ground, not on merits, this Court is inclined to allow the petitions. 4.Accordingly, these Criminal Miscellaneous Petitions are ordered and Crl.R.C.Nos.1447 & 1448 of 2019 are restored to file. Page No.2 of 4

5.Post the main revisions on 25.02.2025 under the caption 'For Orders'.

04.02.2025 Index : Yes/No Speaking Order/Non Speaking Order vv2 Page No.3 of 4

M.NIRMAL KUMAR, J.

vv2 Crl.M.P.Nos.1729 & 1731 of 2025 in Crl.R.C.Nos.1447 & 1448 of 2019 04.02.2025 Page No.4 of 4