Allowed

M/s Advance Computers, v. M/ s Ramakrishna Tele electronics Pvt. Ltd.

Telangana HC7 Sept 2022CRLRC/815/2019

Case brief

AI extract

What is this about?

This criminal revision petition sought condonation of delay in filing a revision petition against a trial court order dismissed the complaint for default. The High Court allowed the revision, setting aside the dismissal.

What did the court decide?

The impugned order is set aside; delay of 848 days condoned on payment of Rs.5,000/- costs; petitioner directed to prosecute diligently.

M/s Advance Computers, Vs M/ s Ramakrishna… — Civil Procedure and Limitation | Telangana HC (2022)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY,THE SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE Dr. JUSTTCE G.RADHA RANI

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CRIMINAL REVISION CASE NO: 815 OF 2019

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Criminal Revision Case under Section 397 & 401 of Cr.P.C against the Order dated 17-09-2018 Passed in Crl.lvl.P.No.17O4 of 2O18 in S.R.No.6129 of 2018 on the file of the Court of the Metropolitan Sessions Judge at Hyderabad.

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Between:

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lt//s Advance Computers,, 11 1/A, Currimjee Building, 2O2, 2nd florr, M.G. Road, Fort, Mumbai - 400 023, Represented by its Proprietor, Essa Merchant S/o lsmail Merchant, Aged about 40 years, Through his Power of Attorney Holder, Sohail Jameel Ahmed S/o Jameel Ahmed, Aged about 30 years, occupation Law Officer, FVo Fort, Mumbai - 4O0 023. ...REVISION PETITIONER

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AND

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1 M/ s Ramakrishna Tele eleclronics P!,t. Ltd., Rep by its Signatory / Managing Director, V. Ravi Kumar, Having its office at H. No- 6-2-976, Flat No- 60'l and 601A, 6th floor, Pavani Estate, Khairtabad, Hyderabad - 500 004.

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And also

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Add No- 4711013311 , Plot No-^"l 958, 1 st floor, Near Diamond Park, Allipuram Road, Vishakhapatnam - 530 016.

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V. Ravi Kumar, Authorised Signatory / Managing Director of M/s Ramakrishna Teletronics Pvt. Ltd., H. No- 6-2-976, Flat No- 601 and 601A,, 6th floor, Pavani Estate, Khairtabad, Hyderabad - 500 004.

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And also Add No- 4711013311 , Plot No- 195B,^'lst floor, Near Diamond Park, Allipuram Road, Vishakhapatnam - 530 016.

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The State of Telangana, represented by its PP High Court at Hyderabad

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.RESPONDENTS

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Counsel for the Petitioner : SRI ASADULLA SHAREEF

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Counsel for the Respondent No. 1& 2: SRI K. KRISHNA SHRAWAN

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Counsel for the Respondent No.3: Public Prosecutor (TS)

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The Court made the following: ORDER

I I

, )

'tllE IION'BLE Dr. JUSTICE G. RADH.q RANI

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CIrIN'IINAL REVISION CASE No.815 OF 2019

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or{t)[]R:

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This Crimir.ral Revision Case is filed by the petitioner-complainant aggrieved by the order dated 17.09.2018 passed by the Metropolitan Sessions Judge, f{yderabad in Crl.M.P. No.l704 of 2018 in SR No.6129 ol 20'tj.

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Heard leamed counsel for the petitioner.

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Learned counsel for the petitioner submitted that Crl.M.P. No. 1704 of 2018 in SR No.6129 of 2018 was hled for condonation o1' delay ol'848 days in filing the revision against the orde: of the trial Court in CC No.123 of 2015. The complainant was a pernranent resident of Mumbai and he instructed his Advocate to appear before the XIV Special Magistrate, Hyderabad, but the Advocate on record rvas absent due to which the Calendar Case was dismissed for default for non-payment of process. The learned Metropolitan Sessions Judge, Hyderabad dismissed the petition observing that it was the duty of the petitioner to follow up the matter with his Advocate.

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He further submitted that the cheque amount was more than Rs. I 5.00 lakhs and the petitioner would suffer heavy loss if the complaint

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2 L)r t;R|t..l t'tl lt t \t' tli o!lllt)

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was dismissed. The delay was neither wilful nor wanton and prayed to allow the revision.

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Considering the submissions of the leamed counsel for the petitioner and due to the dismissal of the complaint, it would cause grave loss to the petitioner and by condoning the delay no prejudice would be caused to anyone, it is considered fit to allow the revision case by setting aside the impugned order.

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In the result, the Criminal Revision Case is allowed and the order of the Metropolitan Sessions Judge, Hyderabad in Crl.M.P. No.1704 of 2018 in SR No.6129 of 2018 is set aside and the delay of 848 days in filing the petition for restoration of CC No.l23 of 2013 on the file of XIV Special Magistrate, Hyderabad is condoned on payment of costs of Rs.5,000/- (Rupees Five thousand only) to the Telangana High Court Legal

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Services Committee, Hyderabad, within a period of two (2) weeks from the

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date of receipt of a copy of this order. The petitioner is directed to

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prosecute the matter diligently from hereafter.

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Pending miscellaneous petitions, ifany, shall stand closed.

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SD/-K.SRINIVASA^RAO //TRUE^COPY// JOINT (1.BEGISTRAR SECTION^OFFICER

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jl 1,t."85,J1 "ff",fl : state or rera ns a na' at

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To, I I[? [B'liS"J:iIl "T,.'"i3i;, Hvderabad.(OUT)

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Two^{CD CoPies}

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HIGH COURT

DATED i 0710912022

ORDEFI

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CRL.R.C.No.815 of 2019

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ALLOWING THE CRIMINAL APPEAL.

¶54

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M/s Advance Computers, v. M/ s Ramakrishna Tele electronics Pvt. Ltd.

Case brief

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M/s Advance Computers, v. M/ s Ramakrishna Tele electronics Pvt. Ltd.

Case brief

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