A.Dayalan v. Selva
Case brief
What is this about?
The High Court allowed a criminal revision to set aside the dismissal of a complaint by the Trial Court for non-payment of process fees. The Court ordered the restoration of the trial with a stay for further service of process on the accused.
What did the court decide?
The impugned judgment of the learned Judicial Magistrate stood set aside and the trial was restored with a stay.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.R.C.No.576 of 2019
A.Dayalan
..Petitioner
Vs
Selva
..Respondent
Prayer : Criminal Revision Case filed under Section 397 read with 401 Cr.P.C, to set aside the dismissal order passed by the learned Judicial Magistrate -3, Salem in STC.No.887 of 2016 dated 24.08.2018.
For the Petitioner : Mr.S.Muthiah for Mrs.D.Sujatha
For the Respondent : No Appearance O R D E R
Issues for consideration
2 issues framed by the court
Whether to allow restoration of the dismissed complaint and grant stay of execution to the Trial Court.
Whether service of notice on the accused who refused to receive it should be considered complete.
Parties & counsel
- petitioner
A.Dayalan
- respondent
Selva
Coram
DOBhathra Chakravarthy
Case details
As recorded by the court registry
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