Madras High Court
Praveen Kumar vs Lenin on 9 August, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.R.C.No.1300 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.08.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
Crl.R.C.No.1300 of 2024
and
Crl.M.P.No.11299 of 2024
Praveen Kumar ... Petitioner
Vs.
Lenin ... Respondent
Prayer: Criminal Revision Petition filed under Sections 438 and 442 of
Bharatiya Nagarik Suraksha Sanhita Act, praying to set aside the Docket
Order dated 23.04.2024 in Crl.M.P.No.1568 of 2023 in Crl.A.No.39 of 2022,
on the file of Principal District and Sessions Court, Namakkal.
For Petitioner : Mr.J.Jayan
ORDER
This petition has been filed challenging the Docket Order dated
23.04.2024 in Crl.M.P.No.1568 of 2023 in Crl.A.No.39 of 2022, on the file
of Principal District and Sessions Court, Namakkal.
https://www.mhc.tn.gov.in/judis
2.The petitioner/accused was convicted by the trial Court by judgment
dated 07.04.2022 in C.C.No.302 of 2018 filed by the respondent under
Section 138 of the Negotiable Instruments Act. Aggrieved against the said
order, he preferred an appeal in Crl.A.No.39 of 2022 and the same is pending
before the learned Principal District and Sessions Judge, Namakkal, in which,
he filed a petition under Section 391 of Cr.P.C. in Crl.M.P.No.1568 of 2023
to receive the following documents:
(i) The letter issued by the respondent dated 24.03.2017.
(ii)The letter issued to the Tahsildar, Namakkal along with
Documents dated 17.04.2017.
(iii)The letter issued by the Fire Service Department dated
26.04.2017.
(iv)The letter issued by the Department of Public Health and
Preventive Medicine dated 28.12.2017.
(v) Encumbrance Certificate dated 06.09.2023.
3.The contention of the learned counsel for petitioner is that the trial
Court has passed a non speaking order. The relevancy of considering the five
documents not discussed in the order. His further contention is that the
petition was not dismissed on merits but on technical ground for non
appearance of the petitioner's counsel as well as the respondent's counsel.
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4.Considering the submission made by the learned counsel for
petitioner and on perusal of the material, it is seen that the appeal was filed in
the year 2022 and the miscellaneous petition was filed on 07.09.2023. From
then on, the case periodically adjourned for enquiry. This Court perused the
impugned order dated 23.04.2024. No doubt, Crl.M.P.No.1568 of 2023 was
filed on 07.09.2023 in Crl.A.No.39 of 2022 to receive additional documents
and to take further evidence on the side of the appellant/petitioner. In
Crl.M.P.No.1568 of 2023, notice was ordered on 29.09.2023 and thereafter,
it was adjourned to 13.10.2023, 10.11.2023, 18.12.2023, 30.01.2024,
23.02.2024, 25.03.2024 and finally on 23.04.2024, the petition was
dismissed for the reason that despite sufficient opportunity given, none
appeared for enquiry on either side.
5.It is seen that Crl.M.P.No.1568 of 2023 was dismissed on technical
grounds for non-prosecution and not on merits. Hence, no prejudice would be
caused to the respondent in the event of restoring the petition. Hence, notice
to the respondent is dispensed with.
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6.It is also seen that the case now stands posted on 29.08.2024 for
further proceedings. In view of the same, the impugned order dated
23.04.2024 passed by the learned Principal District and Sessions Judge,
Namakkal is set aside and the petition in Crl.M.P.No.1568 of 2023 in
Crl.A.No.39 of 2022 is restored on the file of Principal District and Sessions
Court, Namakkal.
7.The petitioner is directed to appear before the Principal District and
Sessions Court, Namakkal on 29.08.2024 and advance his arguments and the
Sessions Court on hearing either side, pass orders on merits.
8.It is also made clear that judgment in C.C.No.302 of 2018 filed
under Section 138 of the Negotiable Instruments Act was passed after four
years of trial on 07.04.2022 and the appeal is pending for almost two years.
In view of the same, the learned Principal District and Sessions Judge,
Namakkal is directed to complete the proceedings in Crl.A.No.39 of 2022
without any further delay, preferably within a period of two months from the
date of receipt of a copy of this order.
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9.With the above directions, the Criminal Revision Case is allowed.
Consequently, connected Criminal Miscellaneous Petition is closed.
09.08.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non Speaking Order
Neutral Citation: Yes/No
rsi
Note: Issue order copy on 12.08.2024.
To
1.The Principal District and Sessions Judge,
Namakkal.
2.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
rsi
and
09.08.2024
https://www.mhc.tn.gov.in/judis
