Dismissed

R.VELUSAMY,63 Yrs, v. H. Jenifer Nisha

Madras HC27 Sept 2021CRL RC/972/2017

Case brief

AI extract

What is this about?

High Court of Judicature at Madras dismissed a criminal revision petition filed under Sections 397 and 401 Cr.P.C. to quash the dismissal of a cheque bounce complaint. The court held that the dismissal due to the complainant's default was justified and no merits existed to interfere.

What did the court decide?

The Criminal Revision Case stands dismissed; the order passed in C.C.No.134 of 2016 is confirmed.

R.VELUSAMY,63 Yrs, Vs H. Jenifer Nisha — Cheque Dishonour | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.09.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN

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CRL.R.C.NO.972 OF 2017

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R.Velusamy

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... Petitioner/Complainant

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Vs.

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H.Jenifer Nisha

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... Respondent/Accused

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PRAYER:-

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Criminal Revision Case has been filed under Section 397 & 401 of Cr.P.C., to set aside the order dated 07.06.2017 passed in C.C.No.134 of 2016 on the file of the learned Judicial Magistrate No.I, Tiruppur and to restore the complaint on file.

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For Petitioner : Mr.S.Kaithamalai Kumaran

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For Respondent : No appearance

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O R D E R

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(This case has been heard through video conference)

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This Criminal Revision Case has been filed by the accused against the order passed in C.C.No.134 of 2016, by the learned Judicial Magistrate No.I, Tiruppur, dated 07.06.2017.

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The complainant is the revision petitioner herein.

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The revision petitioner has filed private complainant under Section 200 of Cr.P.C., for the offence under Sections 138 & 142 of the Negotiable Instruments Act and the same was taken on file as C.C.No.134 of 2016 before the learned Judicial Magistrate No.I, Tiruppur. On 10.05.2016, the was adjourned from time to tome on 07.06.2017 and the petitioner was not present and hence, the petition was dismissed for default. Aggrieved against the said order, the complainant has preferred this Criminal Revision Case.

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https://hcservices.ecourts.gov.in/hcservices/

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Heard the learned counsel for the revision petitioner and perused the materials placed on record.

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On a perusal of the records, this Court finds that on 09.03.2016 fresh summons to the accused was ordered and on 09.05.2017, the complainant was present before the Trial Court and fresh service to the accused was ordered to be complied with and the case was posted to 07.06.2017 and there was no representation for the complainant on that day. Since for the last three occasions the complainant has not taken any fresh summons and he has also absent on 07.06.2017, the complaint filed in C.C.No.134 of 2016 was dismissed. Hence, this Court did not find any merits in this case.

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Accordingly, this Criminal Revision Case stands dismissed. The order passed in C.C.No.134 of 2016, by the learned Judicial Magistrate No.I, Tiruppur, dated 07.06.2017 is hereby confirmed.

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Sd/Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar dua To The Judicial Magistrate No.I, Tiruppur. CRL.R.C.NO.972 OF 2017 GPL(CO) PBS/27/10/2021

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https://hcservices.ecourts.gov.in/hcservices/

R.VELUSAMY,63 Yrs, v. H. Jenifer Nisha

Case brief

What is this about?

What did the court decide?

R.VELUSAMY,63 Yrs, v. H. Jenifer Nisha

Case brief

What is this about?

What did the court decide?

What the court decided

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