Judgment · High Court
Case at a glance
- Bench
- G K ILANTHIRAIYAN
Outcome
Allowed
In view of the above, the present Revision is allowed
Provisions considered
Key paragraphs
- Para 33. The petitioner is the complainant and the respondent is the accused in the complaint lodged by the respondent for offence under Section 138 of Negotiable Instruments Act. Even the sworn statement in the complaint was dismissed for default on the ground that the petitioner…
Judgment
Crl.R.C.No. 583 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 15.07.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl.R.C.No.583 of 2025 Moideenkutty... Petitioner VsSunish... RespondentPRAYER: Criminal Revision Case is filed under Sections 397 r/w 401 of Cr.P.C., to call for the records and set aside the order of dismissal passed in unnumbered STC/2021 dated 23.05.2023 by the learned Principal District Munsif cum Judicial Magistrate, Gudalur, the NilgirisFor Petitioner : Mr.P.P.PrakashFor Respondent : No appearanceO R D E RThis Criminal Revision Petition has been preferred as against the order passed in unnumbered STC/2021 dated 23.05.2023 by the learned Principal District Munsif cum Judicial Magistrate, Gudalur, the Nilgiris thereby dismissing the complaint for default.
Heard the learned counsel appearing for the petitioner and perused the Page 1 of 3 https://www.mhc.tn.gov.in/judis Crl.R.C.No. 583 of 2025documents placed on record. Though notice sent to the respondent was served, there is no representation for the respondent either in-person or through learned counsel.
Operative part
The petitioner is the complainant and the respondent is the accused in the complaint lodged by the respondent for offence under Section 138 of Negotiable Instruments Act. Even the sworn statement in the complaint was dismissed for default on the ground that the petitioner was absent for the past two years. In order to give one more opportunity to the petitioner, the order passed in unnumbered STC/2021 dated 23.05.2023 by the learned Principal District Munsif cum Judicial Magistrate, Gudalur, the Nilgiris is set aside. The trial court is directed to record the petitioner's sworn statement within a period of two weeks from the date of receipt of copy of the order and proceed with the trial. The petitioner is directed to co-operate with the trial court during the trial. In view of the above, the present Revision is allowed. 15.07.2025Index : Yes/No; Neutral citation: Yes/NoSpeaking/non-speaking orderG.K.ILANTHIRAIYAN, J.Page 2 of 3 https://www.mhc.tn.gov.in/judis Crl.R.C.No. 583 of 2025ssdTo1. The Principal District Munsif cum Judicial Magistrate, Gudalur2. The Public Prosecutor, Madras High Court, Chennai. Crl.R.C.No. 583 of 2025 15.07.2025Page 3 of 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the present Revision is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973; Negotiable Instruments Act, 1881 — s. 138.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.