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2023 Supreme(Online)(MAD) 32055
MADRAS HIGH COURT
Honourable Mr Justice G.ILANGOVAN
P.R.K.Arunachalam – Appellant
Versus
V.Velladurai – Respondent
CRL RC(MD)/752/2022
A revision petitioner who has defaulted in payment of batta may be granted one more final opportunity to pay batta and on payment of batta, the trial Court shall restore the complaint and proceed in accordance with law.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 204(4) - REVISION PETITION - DEFAULT IN PAYMENT OF BATTA - RESTORATION OF COMPLAINT - CONDITIONS
Fact of the Case:
The revision petitioner filed a complaint under Section 200 Cr.P.C for punishing the accused person, who has committed the offence under Section 138 of the Negotiable Instruments Act. Because of the non-appearance of the accused, a warrant was issued and the revision petitioner was directed to pay batta. In spite of repeated adjournments, the revision petitioner did not pay batta in time and therefore, the case was dismissed for default on 01.07.2022.
Finding of the Court:
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.
Issues: Whether the revision petitioner can have any grievance against the judgment passed in S.T.C.No.55 of 2016 dated 01.07.2022 on the file of the Principal District Munsif, Tenkasi?
Ratio Decidendi: 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.
Final Decision: 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 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.
Crl.R.C(MD) No.752 of 2021
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.
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Crl.R.C(MD) No.752 of 2021
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
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Crl.R.C(MD) No.752 of 2021
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.
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Crl.R.C(MD) No.752 of 2021
G.ILANGOVAN,J
tta
ORDER MADE IN
Crl.R.C.(MD)No.752 of 2022
03.01.2023
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