SAKTHIVEL Vs. N. JAYASANKAR

JUDGEMENT

(1.) The petitioner is the complainant. He filed a complaint in C.M.P.No.62 of 2019 before the learned Judicial Magistrate I, Bhavani, along with a petition to condone the delay in filing the complaint. While condoning the delay, the learned Magistrate has imposed costs in a sum of Rs.500.00 payable to the respondent on or before 26/11/2020. Since the conditional order has not been complied with by the petitioner, the C.M.P.No.62/2019 was dismissed under the impugned order. Challenging the said order, now the petitioner before this Court.

(2.) The learned counsel for the petitioner would submit that pursuant to the impugned order, petitioner immediately contacted the respondent to pay the said amount. However, the respondent had informed that he is in Salem and he would collect the amount on 26/11/2020. On such date, the petitioner was not able to contact the respondent. When the petitioner proposed to pay the amount on 27/11/2020 the respondent refused to receive stating that the time granted by this Court was expired. Hence, the noncompliance of the order of the Court below is not wanton. Thus, learned counsel, prays this Court to allow the revision.

(3.) The learned counsel for the respondent contended that the condition imposed by the learned Magistrate has not been duly complied with. Therefore, the petition was automatically dismissed. The respondent was also ready and willing to receive whereas the petitioner has not paid the cost and complied the order. Hence, there is no merit in the revision.