Madras High Court
B.Naveen Kumar vs S.Perumal on 28 November, 2016
Author: C.T.Selvam
Bench: C.T.Selvam
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28.11.2016 CORAM THE HONOURABLE MR. JUSTICE C.T.SELVAM Crl.R.C.No.991 of 2016 B.Naveen Kumar ... Petitioner vs S.Perumal ... Respondent Criminal Revision filed under section 397 r/w 401 of the Code of Criminal Procedure, to call for the records of the learned Judicial Magistrate, Sholinghur, Vellore District and set aside the order passed by him in Crl.M.P.No.5005 of 2016 dated 10.06.2016. For Petitioner : Mr.G.P.Sivakumar For Respondent : Mr.A.Saranraj ***** O R D E R
The petitioner moved CMP.No.5005 of 2015 on the file of the learned Judicial Magistrate, Sholingur, Vellore District for condoning the delay of 116 days in preferring the complaint under Section 138 of the Negotiable Instruments Act. Such petition, the learned Judicial Magistrate has condoned the delay directing payment of costs in a sum of Rs.200/- to the respondent. The petitioner having preferred petition on 24.06.2015 has not effected payment of costs till 10.06.2016, the date on which the impunged order came to be passed. Challenging the said order, the petitioner preferred this criminal revision.
2. Heard Mr.G.P.Sivakumar the learned counsel appearing for the petitioner and Mr.A.Saranraj, learned counsel for the respondent.
3. In the interest of justice, this criminal revision is allowed on payment of Rs.1000/- towards costs to the Tamil Nadu Legal Aid Services Authority, Chennai within a period of one week from today and upon proof of such payment, the court below shall treat CMP.No.5005 of 2005 as allowed and proceed with the complaint case in accordance with law.
28.11.2016 Index:yes/no Internet:yes/no rrg To The Judicial Magistrate Sholingur.
C.T.SELVAM, J.
rrg Crl.R.C.No.991 of 2016 28.11.2016 http://www.judis.nic.in