Madras High CourtCRL RC(MD)/752/2022allowed

P.R.K.Arunachalam v. V.Velladurai

2023-01-03Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.R.C(MD)No.752 of 2022 P.R.K.Arunachalam ... Revision Petitioner Vs.

V.Velladurai ... Respondent Prayer : This Criminal Revision Case has been filed under Sections 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside the judgment dismissed under Section 204(4) Cr.P.C in S.T.C.No.55 of 2016 dated 01.07.2022 on the file of the Principal District Munsif, Tenkasi and allow the Criminal Revision Case.

For Petitioner : Mr.S.Siva Kumar

ORDER

This Criminal Revision Case is filed to call for the records and set aside the judgment in S.T.C.No.55 of 2016 dated 01.07.2022 on the file of the Principal District Munsif, Tenkasi and allow the Criminal Revision Case. 1/4

2. The revision petitioner has filed a complaint under section 200 Cr.P.C for punishing the accused person, who has committed the offence under Section 138 of NI Act. Because of the non appearance of the accused, warrant has been issued and the revision petitioner was directed to pay batta. In spite of repeated adjournments, the revision petitioner has not paid batta in time and therefore, the case was dismissed for default on 01.07.2022. Challenging the same, the present Criminal Revision Case is filed.

3. The revision petitioner cannot have any grievance against the above said judgment passed in S.T.C.No.55 of 2016 dated 01.07.2022 on the file of the Principal District Munsif, Tenkasi

4. Considering the fact that the complaint filed under Section 138 NI Act and I am of the considered view that one more final opportunity may be granted to the revision petitioner to pay batta.

5. This Criminal Revision Case is allowed and this Court directs the petitioner to pay batta within a period of 15 days from the date of receipt of a 2/4

copy of this order and on payment of batta, the trial Court shall restore S.T.C.No. 55 of 2016 and proceed in accordance with law. The petitioner shall deposit a sum of Rs.2,000/-(Rupees Two Thousand only) to the Taluk Legal Service Authority and produce voucher in S.T.C.No.55 of 2016 on the file of the Principal District Munsif, Tenkasi along with batta memo.

03.01.2023 Index : Yes/No Internet : Yes/No tta To:- Principal District Munsif, Tenkasi.

3/4

G.ILANGOVAN,J tta ORDER MADE IN Crl.R.C.(MD)No.752 of 2022 03.01.2023 4/4