M/S Stalwart Mines & Minerals v. J. Newman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.R.C.(MD)No.549 of 2018 and Crl.M.P.(MD)No.7619 of 2018

1. M/s Stalwart Mines and Minerals Pvt., Ltd., represented by its proprietors, Kevin and Arunachalam.

2. M.Kevin

3. T.Arunachalam ... Petitioners/Respondents/Accused Vs.

J.Newman ... Respondent/Petitioner/Complainant PRAYER: Criminal Revision Case filed under Sections 397 and 401 Cr.P.C., to call for the records pertaining to the order passed in Crl.M.P.No.3063 of 2017 in C.C.No.495 of 2018 by the learned Judicial Magistrate No.1, Tiruchirappalli and set aside the same. For Petitioners : Mr.K.Anna

O R D E R

This petition has been filed challenging the order passed by the Court below allowing the application filed by the respondent to condone the delay of 225 days in filing a complaint under Section 138 of the Negotiable Instruments Act.

2. The respondent has filed a detailed affidavit explaining the reason for the delay in filing the complaint. The Court below has applied its mind and has given sufficient reason for allowing the application to condone the delay in filing the criminal complaint. This Court is not able to see any illegality or infirmity in the order passed by the Court below. Insofar as the merits of the case is concerned, the petitioners are always entitled to raise all the contentions before the Court below during the course of trial. This Court is not able to find any https://hcservices.ecourts.gov.in/hcservices/

merit in this Criminal Revision Case. Accordingly this Criminal Revision Case is dismissed. Consequently, the connected Miscellaneous Petition is also dismissed.

Sd/- Assistant Registrar (AD-I) /True Copy/ Sub Assistant Registrar(CS-III) To The Judicial Magistrate No.1, Tiruchirappalli.

SSL TE/PM/SAR-3 : 25/10/2018 : 2P/2C Crl.R.C.(MD)No.549 of 2018 26.09.2018 https://hcservices.ecourts.gov.in/hcservices/