Thangaraj v. Dr. Rajesh Sathiya

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2018

CORAM:

THE HONOURABLE MRS.JUSTICE R.THARANI Crl.R.C.(MD)No.658 of 2017 Thangaraj : Petitioner / Complaint -Vs.- 1.Rajesh Sathiya 2.Hariharan : Respondents / Accused Prayer: Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C., to set aside the impugned order dated 30.06.2017 passed by the Principal District Munsif cum Judicial Magistrate, Eraniel in C.C.No.182 of 2017.

For Petitioner : Mr.M.Saravanan For R1 : Mr.F.Deepak For R2 : No Appearance

O R D E R

On the side of the petitioner, it is stated that the petitioner has filed a private complaint before the Judicial Magistrate, Eraniel to punish the respondents, and the same was taken on file as C.C.No.182 of 2017 on 29.04.2017. Thereafter, the petitioner has failed to pay the process on 29.04.2017, 29.05.2017 and 30.06.2017. Hence, the Lower Court by an order dated 30.06.2017, dismissed the said private complaint for nonpayment of process. Now, the petitioner approached this Court by way of this civil Revision Petition seeking to set aside the impugned order dated 30.06.2017 passed by the Judicial Magistrate, Eraniel.

2.On the side of the respondents, it is stated that the petitioner has filed a false complaint and failed to pay the process on 29.04.2017, 29.05.2017 and 30.06.2017. Hence, this petition is to be dismissed.

3.Records perused.

https://hcservices.ecourts.gov.in/hcservices/ 4.It is true that the petitioner has failed to pay the

process, but in the interest of justice, one more opportunity is given to the petitioner to put forth his case. Hence, this Civil revision petition is allowed.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To The Principal District Munsif cum Judicial Magistrate, Eraniel.

+ 1 cc TO Mr.M.Saravanan , Advocate in SR No. 59847 Myr AE/SKN RSK/SAR3/17.04.2018/2P/3C Order made in Crl.R.C.(MD)No.658 of 2017 04.04.2018 https://hcservices.ecourts.gov.in/hcservices/