Madras High CourtCRL RC(MD)/427/2016dismissed

C. Sureshbabu v. S. Santhi

2020-09-22Honourable Mr Justice B.Pugalendhi2 pages

Crl.R.C.(MD).No.427 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI Crl.R.C.(MD).No.427 of 2016 C.Sureshbabu .. Petitioner/Complainant Vs.

S.Santhi .. Respondent/Accused PRAYER: Criminal Revision Case, filed under Section 397 r/w 401 of the Criminal Procedure Code, against the dismissal order passed by the learned Judicial Magistrate No.II, Kumbakonam, dated 23.04.2016 in S.T.C.No.1574 of 2015 under Section 256 and 204 Cr.P.C., for nonappearance by the party either in person or by pleader and nonpayment of process fee. For Petitioner : No Appearance

ORDER

This Criminal Revision Case has been arising out of the order of dismissal passed by the learned Judicial Magistrate No.II, Kumbakonam dated 23.04.2016 in S.T.C.No.1574 of 2015 under Section 256 and 204 Cr.P.C, where the petitioner failed to appear before the trial Court.

2.The revision petitioner filed a private complaint against the respondent herein under Section 138 of the Negotiable Instruments Act. But, he did not prosecute the case and he was continuously absent before the trial Court and therefore, the trial Court dismissed the petition on 23.04.2016.

3.By challenging the above said order of dismissal, this revision petition has been filed in the year 2016 and the revision petition is not being admitted.

4.Notice to the respondent was ordered. The court notice as well as the private notice sent to the respondent were returned as no such addressee. Thereafter, this Court directed the learned counsel for the petitioner to furnish the correct address of the respondent and to take steps to serve notice to the respondent. But, no proper steps have been taken by the petitioner to serve notice to the respondent and there was no representation for the petitioner continuously. Hence, this case was ordered to post today (22.09.2020) under the caption 'for dismissal'. Even today, there is no representation for the petitioner.

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Crl.R.C.(MD).No.427 of 2016 6.Accordingly, this criminal revision case is dismissed for non prosecution.

Sd/- Assistant Registrar (CSI) // True Copy // / /2020 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Judicial Magistrate No.II, Kumbakonam.

2.The Section Officer, (Criminal Section Records) Madurai Bench of madras High Court, Madurai.

Crl.R.C.(MD).No.427 of 2016 22.09.2020 SCR(CO) KB(14.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2