AMMINI OOMMEN Vs. MATHEW OOMMEN

JUDGEMENT

(1.) This original petition is filed under Article 227 of the Constitution of India aggrieved by the order passed by Judicial First class Magistrate Court-II, Pathanamthitta dismissing Crl.M.P No.3164/2020 for the reason that the direction to deposit Rs.3,000.00 as costs for examination of the witnesses was not complied with. By the order, passed on 21/10/2020, Crl.M.P No.3164/2020 was allowed and evidence of the complainant was re-opened on condition of payment of Rs.3,000.00 to the accused within 15 days. It was further directed that in case of default, the petition shall stand dismissed. Liberty was also granted to the complainant to pay the cost to the counsel for the accused and file a memo within the time granted. On 21/10/2020, noticing that the cost was not paid, petition was dismissed.

(2.) The relief sought in the petition are to the following effect;

(3.) It is submitted by Sri.Joseph George, the learned counsel for the petitioner that the cost directed by the court below could not be paid in time, since the petitioner and her counsel came to know about the conditional order only on 12/11/2020 and in the meanwhile, the time limit fixed for payment of cost was over. According to him, since the payment of cost was defaulted, the petition for re-opening the evidence was also dismissed.