T.Veeravel ... Revision vs N.Kamaraj
2022 Latest Caselaw 15558 Mad

                                                                          Crl.R.C(MD) No.805 of 2022

                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 20.09.2022

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE G.ILANGOVAN

                                             Crl.R.C(MD)No.805 of 2022

                 T.Veeravel                                      ... Revision Petitioner

                                                          Vs.

                 N.Kamaraj                                        ... Respondent

                 Prayer : This Criminal Revision has been filed under Section 397 and 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.66 of 2016 dated 01.07.2022
                 on the file of the Principal District Munsif, Tenkasi and allow the Criminal
                 Revision Petition.


                                      For Petitioner    : Mr.Sivakumar


                                                       ORDER

This Criminal Revision Case is directed against the order passed by the

learned Principal District Munsif, Tenkasi in S.T.C.No.66 of 2016, dated

01.07.2022.

https://www.mhc.tn.gov.in/judis Crl.R.C(MD) No.805 of 2022

2.The learned counsel for the petitioner submitted that the respondent

approached the defacto complainant for obtaining money. After getting money

from him, the respondent is moving from one place to another place, therefore, he

has not in a position to trace out the address and whereabouts of the respondent.

Thereafter, the petitioner made a complaint under Section 138 NI Act against the

respondent and the same was taken in cognizance and because of the non

appearance of the accused, the case was adjourned several times, finally, the case

has been dismissed for default for non-payment of process fee.

3. It appears that Originally the complaint was preferred in the year 2013.

For the non appearance of the accused, bailable warrant has been issued on

20.11.2013 and after 9 years only, the matter has been disposed of as dismissed

for default for non payment of process fee. After getting money from the

petitioner, the respondent is moving one place to another place, for which, the

warrant has been pending.

4. Considering the submissions, this Court is of the considered view that

based on the request made by the learned counsel counsel for the petitioner, an

https://www.mhc.tn.gov.in/judis Crl.R.C(MD) No.805 of 2022

opportunity is granted to the petitioner and so the order passed by the learned

Principal District Munsif, Tenkasi in S.T.C.No.66 of 2016 dated 01.07.2022 is set

aside. The petitioner/complainant shall appear the trial Court on 12.10.2022 and

shall furnish an information with regard to the whereabouts of the respondent and

the trial Court shall take further steps to secure the accused. The complaint be

restored.

5.With these directions, this Criminal Revision Case is Allowed.

20.09.2022

Index : Yes/No Internet : Yes/No tta

To:-

1.Principal District Munsif, Tenkasi

https://www.mhc.tn.gov.in/judis Crl.R.C(MD) No.805 of 2022

G.ILANGOVAN,J

tta

ORDER MADE IN Crl.R.C.(MD)No.805 of 2022

20.09.2022

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