Madhya Pradesh High Court
Piyush Tiwari vs M/S Poorvi Timber Store Thr on 5 December, 2017
MCRC No. 25403/2017
Piyush Tiwari Vs. M/s Poorvi Timber Store
Gwalior, Dated : 05.12.2017
Shri Devendra Sharma, learned counsel, for the
petitioner.
Respondent-not noticed.
He is heard.
The petitioner has filed this petition under Section 482 of the Cr.P.C for restoration of MCRC No.21813/2017 case title Piyush Tiwari Vs. M/s Poorvi Timber Store (for short "the MCRC") which was dismissed vide the peremptory order dated 15/11/2017 on 27/11/2017.
Learned counsel for the petitioner submits that the MCRC was dismissed solely on the ground that there is a delay of one day in the payment of process fee. In the circumstance, the petitioner be permitted to dispense with the service of the notice upon the respondent in the present case.
On due consideration, the prayer is allowed and the petitioner is dispensed with the service of notice upon the respondent in the present case.
Upon the perusal of the orders dated 15/11/2017 and 27/11/2017 passed in the MCRC, the petition under Section 482 of the Cr.P.C is dismissed solely on the ground that the petitioner had paid the process fee by a delay of one day. The petitioner has satisfactorily explained the delay in the payment of process fee in the present petition MCRC No. 25403/2017 Piyush Tiwari Vs. M/s Poorvi Timber Store and in support of the petition his counsel Seetaram Kushwah has filed his affidavit. The petitioner is facing trial for an offence punishable under Section 138 of the Negotiable Instruments Act and the amount involved is huge, therefore, it would be in the interest of justice to decide the petition on merits. Consequently, I allow this petition by setting aside the orders dated 15/11/2017 and 27/11/2017 passed in the MCRC.
The Registry is directed to restore MCRC No. 21813/2017 on its original number.
A copy of this order be placed in the file of the MCRC.
Accordingly, this MCRC is finally disposed of. Certified copy as per rules.
(Rajendra Mahajan) Judge AKS/PJ's/-
ALOK KUMAR 2017.12.06 13:52:58 +05'30'