M/S.Monotech Systems Limited v. Duraisingh

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-11-2025 CORAM THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI AND CRL RC NO. 194 OF 2025

¶1M/s.Monotech Systems Limited Registered And Corporate Office At 8b, Chaitanya Exotica, No.24, Venkatnarayana Road, T.Nagar, Chennai. Rep By Its Sr.Accounts Executive, N.Srinivasan. Petitioner(s) Vs

¶1Duraisingh Proprietor, M/s.Duraisingh Color Plan And Xerox, V.V.Towers, 2nd Floor, 127, Trivandrum Road, Murukankuruchi Palayamkottai, Tirunelveli. Respondent(s) CRL RC No. 194 of 2025

¶1M/s.Monotech Systems Limited Registered And Corporate Office At 8b, Chaitanya Exotica, No.24, Venkatnarayana Road, T.Nagar, Chennai. Rep By Its Sr.Accounts Executive, N.Srinivasan. Petitioner(s) Vs

¶1Ravindranath Macharla Proprietor, M/s.Chandra Kala Scan Systems, 28/15/14/a, Dasuvari Street, Arundalpet, Vijayawada, Respondent(s) PRAYER To call for the records in Crl.MP.No.65857 of 2024 in SR.No.94393 of 2024 on the file of the learned Metropolitan Magistrate Fast Track Court I, Egmore @ Allikulam, Chennai and set aside the order dated 5.11.2024. CRL RC No. 194 of 2025 PRAYER To call for the records in Crl.MP.No.65867 of 2024 in SR.No.94390 of 2024 on the file of the learned Metropolitan Magistrate Fast Track Court I, Egmore @ Allikulam, Chennai and set aside the order dated 5.11.2024. For Petitioner(s): M/s.Juris And Justia M.Fazulul Haq Affidavit Of Service Filed For Respondent(s): Fresh Court Notice Not Yet Returned Either Served Or Unserved For Sole Respondent Private Notice Permitted - Proof Filed - Unserved For Sole Respondent - Returned As Refused COMMON ORDER These Criminal Revision Case have been filed to call for the records in Crl.MP.No.65857 of 2024 in SR.No.94393 of 2024 and Crl.MP.No.65867 of 2024 in SR.No.94390 of 2024 on the file of the learned Metropolitan Magistrate Fast Track Court I, Egmore @ Allikulam, Chennai and set aside the order dated

5.11.2024.

¶2It is seen that the petitioner is complainant and he filed separate private complaints under Section 200 Cr.P.C for an offence under Section 138 of Negotiable Instruments Act, 1881, against the respondents. The said complaints were returned for some defects and the petitioner represented the complaints with delay of 81 days and the Court below dismissed all the miscellaneous petitions stating that the delay has not been properly explained. 3 Despite service of notice and name of the respondents also being printed in the cause list, none appeared on behalf of the respondent. Further since these revisions are filed against the dismissal of petitions seeking condonation of delay in re-presenting the complaints, this Court based on the papers disposing of the same by this common order. 4 The petitioner has filed the complaints in time, but there was delay of 81 days in re-presenting the complaints. The learned Metropolitan Magistrate, observed that in a petition seeking condonation of delay, the petitioner has to explain each and every day of delay and the petitioner has not properly explained the delay. 5 Even though the delay of each and every day should be properly explained as observed by the learned Metropolitan Magistrate, considering the fact that the complaints were filed in time and the delay occurred only while re-presenting the complaints. The parties are nothing to do with the procedures and it is for the counsel to cure the defects and represent the same. Therefore in order to give opportunity, this Court is inclined to condone the delay of 81 days in re-presenting the complaints. 6 Accordingly, these criminal revision cases are allowed and the delay of 81 days in re-presenting the complaints is hereby condoned and the learned Metropolitan Magistrate is directed to take the complaints on file, if it is otherwise in order and proceed further in accordance with law. 25-11-2025 pbl Index:Yes/No Speaking/Non-speaking order Internet:Yes To The Metropolitan Magistrate, Fast Track Court-I, Egmore @ Allikulam, Chennai CRLeRCeNo.e193eofe2025 T.V.THAMILSELVIoJ. oooooooooooooooooooooooooooooooopbl CRLoRCoNo.o193oofo2025 ANDoCRLoRCoNO.o194o OFo2025 25-11-2025