Kannan vs Muthu Jeyabarathy
2022 Latest Caselaw 4270 Mad

                                                                              Crl.A.(MD)No.144 of 2022

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 04.03.2022

                                                         CORAM:

                                  THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN

                                              Crl.A.(MD)No.144 of 2022


                Kannan                                                  ... Appellant

                                                           Vs.

                Muthu Jeyabarathy                                       ... Respondent

                Prayer: This Criminal Appeal Petition filed under Section 378(3) Cr.P.C. to
                call for the records pertaining to the Judgment in S.T.C.No.31 of 2017, dated
                29.03.2019 on the file of the Learned Judicial Magistrate, Vallioor.


                                       For Petitioner     : Mr.T.A.Ebenezer

                                       For Respondent     : Mrs. M.Laxmi Mahendra


                                                        JUDGMENT

This Criminal Appeal has been filed as against the Judgment in S.T.C.No.

31 of 2017, dated 29.03.2019, passed by the learned Judicial Magistrate,

Vallioor, thereby dismissing the complaint, for the reason that the petitioner

failed to pay process fee for the past three years and as such the complaint was

dismissed for default.

https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.144 of 2022

2.The learned counsel appearing for the petitioner submitted that he got

very good case to succeed in the complaint, he may be given one more

opportunity to put forth his case.

3.Considering the above, the Judgment in S.T.C.No.31 of 2017, dated

29.03.2019, passed by the learned Judicial Magistrate, Vallioor is set aside and

this Criminal Appeal is allowed, on condition that the learned Magistrate is

directed to issue notice to the petitioner and the respondent herein and on

receipt of the same, the appellant is directed to pay the process fee, within one

week and appear before the trial Court on all hearings, without fail. The trial

Court is directed to complete the trial within three months, thereafter.

02.03.2022 Index :Yes/No Internet:Yes/No PNM

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 The Judicial Magistrate, Vallioor

https://www.mhc.tn.gov.in/judis Crl.A.(MD)No.144 of 2022

G.K.ILANTHIRAIYAN,J.

PNM

ORDER IN

Crl.A.(MD)No. 144 of 2022

04.03.2022

https://www.mhc.tn.gov.in/judis