Madras High CourtCRL MP(MD)/7487/2018dismissed

Mega Shield Coating Private v. A.Thamotharan

2018-09-20Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.09.2018

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Crl.M.P.(MD)No.7487 of 2018 in Crl.R.C.(MD)No.SR29271 of 2018 and Crl.R.C.(MD)No.SR29271 of 2018 1.Mega Shield Coating Private Ltd., through its Managing Director, M.D.T.Giritharan 2.Mr.T.Giritharan ... Petitioners Vs.

A.Thamotharan ... Respondent PRAYER in Crl.M.P.(MD)No.7487 of 2018: Petition filed under Section 5 of Limitation Act, to condone the delay of 91 days infiling the revision petition against the judgment dated 10.01.2018 passed in C.A.No.58 of 2017 by the VI Additional District Judge, Madurai. PRAYER in Crl.R.C.(MD)No.SR29271 of 2018: Petition filed under Section 397 r/w 401 of Criminal Procedure Code to call for the records and set aside the judgment dated 10.01.2018 on the file of VI Additional District Judge, Madurai in C.A.No.58 of 2017 confirmed the Judgment dated 30.05.2017 on the file of Fast Track Court No.I, Madurai in S.T.C.No.137 of 2016.

For petitioner : Mr.P.Shanmugam

ORDER

Heard the learned counsel for the petitioner and perused the grounds of this petition.

2.This petition has been filed for condoning the delay of 91 days in filing the revision petition. The petitioner herein is an accused in a complaint under Section 138 of Negotiable Instruments Act. Both the Courts have found him guilty. Thereafter, he has filed the revision petition with a delay of 91 days. The reasons stated in the condone delay petition is not convincing. Since, it https://hcservices.ecourts.gov.in/hcservices/

is not sufficiently explained, except quoting that the certified copy of the judgment was misplaced with other bundles in the advocate office, this Court is unable to countenance this reason to condone the delay of 91 days. Therefore, this condone delay petition is dismissed. Consequently, Crl.R.C.(MD)No.SR29271 of 2018 is rejected.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To:

1.The VI Additional District Judge, Madurai.

2.The Judicial Magistrate No.I.

Fast Track Court Madurai.

3.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Pnn DS SKN SAR-3 22 10 2018 2P /4C ORDER MADE IN Crl.M.P.(MD)No.7487 of 2018 in Crl.R.C.(MD)No.SR29271 of 2018 and Crl.R.C.(MD)No.SR29271 of 2018 20.09.2018 https://hcservices.ecourts.gov.in/hcservices/