IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Criminal Revision No.419 of 2017 M/s.Royal Marketing, through its Proprietor, Mr.T.Balaji, aged 48 years, S/o. Thangamani, having office at D.No.7, New Colony, Thoothukudi .. Petitioner Vs
1. M/s. Shastha Steels Private Limited, through its Managing Director, Mr. Elango, aged about 55 years, having office at S.F.No.31/1, Mettupalayam Road, Thudiyalur Post,Coimbatore - 641 034.
2. Mr. Elango, aged about 55 years, Father name not known, Managing Director of M/s. Shastha Steels Private Limited, having office at S.F.No.31/1, Mettupalayam Road, Thudiyalur Post, Coimbatore - 641 034.
3. Mrs.Kamalaveni, aged about 49 years, W/o. Mr. Elango Director of M/s. Shastha Steels Private Limited, having office at S.F.No.31/1, Mettupalayam Road, Thudiyalur Post, Coimbatore - 641 034. .. Respondents Prayer:-
This Criminal revision is filed under Section 397 & 401 of Cr.P.C., to set aside the order dated 12.07.2016 passed by the Judicial Magistrate No.V, Coimbatore in C.C.No.207 of 2015.
For petitioner : Mr.K.Gandhi Kumar
O R D E R
This revision has been filed as against the order dismissing the petitioner's complaint under Section 204(4) Cr.P.C. on the ground that the complainant was not present and the processing fee was not paid.
2. The learned counsel for the petitioner submits that the since petitioner was suffering from a major disorder, he was taking treatment, and hence, he was not able to appear before the Court and he could not able to pay the process fee in time and he has also produced the doctor certificate to that effect. Without considering the same, the complaint was dismissed for non payment of process fee.
3. Considering the facts and circumstances of the case and that the non payment of process fees was only due to bonafide reason, this Criminal Revision Petition is allowed and the impugned order passed by the learned Judicial Magistrate No.V, Coimbatore dated 12.07.2016 in C.C.No.207 of 2015 is set-aside. The petitioner is directed to pay the process fee and on payment of process fee, the learned Judicial Magistrate No.V, Coimbatore, is directed to restore the complaint on file and proceed further.
15.03.2017 mrp Index:Yes To The Judicial Magistrate No.V, Coimbatore.
V.BHARATHIDASAN, J.
mrp Crl.R.C.No.419 of 2017 15.03.2017 http://www.judis.nic.in