Madras High CourtCRL RC/972/2017dismissed

R.Velusamy,63 Yrs, v. H. Jenifer Nisha,

2021-09-27Honourable Mr Justice Rmt. Teekaa Raman2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN CRL.R.C.NO.972 OF 2017 R.Velusamy ... Petitioner/Complainant Vs.

H.Jenifer Nisha ... Respondent/Accused PRAYER:- Criminal Revision Case has been filed under Section 397 & 401 of Cr.P.C., to set aside the order dated 07.06.2017 passed in C.C.No.134 of 2016 on the file of the learned Judicial Magistrate No.I, Tiruppur and to restore the complaint on file. For Petitioner : Mr.S.Kaithamalai Kumaran For Respondent : No appearance

O R D E R

(This case has been heard through video conference) This Criminal Revision Case has been filed by the accused against the order passed in C.C.No.134 of 2016, by the learned Judicial Magistrate No.I, Tiruppur, dated 07.06.2017.

2. The complainant is the revision petitioner herein.

3. The revision petitioner has filed private complainant under Section 200 of Cr.P.C., for the offence under Sections 138 & 142 of the Negotiable Instruments Act and the same was taken on file as C.C.No.134 of 2016 before the learned Judicial Magistrate No.I, Tiruppur. On 10.05.2016, the was adjourned from time to tome on 07.06.2017 and the petitioner was not present and hence, the petition was dismissed for default. Aggrieved against the said order, the complainant has preferred this Criminal Revision Case.

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4. Heard the learned counsel for the revision petitioner and perused the materials placed on record.

5. On a perusal of the records, this Court finds that on 09.03.2016 fresh summons to the accused was ordered and on 09.05.2017, the complainant was present before the Trial Court and fresh service to the accused was ordered to be complied with and the case was posted to 07.06.2017 and there was no representation for the complainant on that day. Since for the last three occasions the complainant has not taken any fresh summons and he has also absent on 07.06.2017, the complaint filed in C.C.No.134 of 2016 was dismissed. Hence, this Court did not find any merits in this case.

6. Accordingly, this Criminal Revision Case stands dismissed. The order passed in C.C.No.134 of 2016, by the learned Judicial Magistrate No.I, Tiruppur, dated 07.06.2017 is hereby confirmed.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dua To The Judicial Magistrate No.I, Tiruppur.

CRL.R.C.NO.972 OF 2017 GPL(CO) PBS/27/10/2021 https://hcservices.ecourts.gov.in/hcservices/