BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2011 CORAM THE HONOURABLE MR.JUSTICE S.PALANIVELU Crl.Apl.(MD) No.174 of 2011 Gnanadurairaj ... Appellant Vs S.P.Ramu ... Respondent Criminal appeal filed under Section 378(4) of the Criminal Procedure Code against the judgment passed in S.T.C.No.8 of 2007 on the file of the learned Judicial Magistrate No.1, Tirunelveli, dated 09.12.2010 by which the respondent was acquitted under Section 256 Cr.P.C. For Petitioner : Mr.A.Thiruvadikumar For Respondent : Mr.S.Sureshkumar JUDGMENT This Criminal appeal filed under Section 378(4) of the Criminal Procedure Code against the judgment passed in S.T.C.No.8 of 2007 on the file of the learned Judicial Magistrate No.1, Tirunelveli, dated 09.12.2010 by which the respondent was acquitted under Section 256 Cr.P.C. 2. The petitioner is the complainant before the Court below. On 28.05.2010, on account of the absence of the accused, non-bailable warrant was issued. On the next date of hearing, i.e.26.11.2010, both the parties were absent. Process fee was not paid and the case was adjourned to 09.12.2010. On 09.12.2010, both the parties were absent. Hence, the Court below has dismissed the petition under Section 256 Criminal Procedure Code for non-prosecution observing that the complainant has no interest to proceed further in this case. On the date of the previous hearing, the process fee should have been paid by the petitioner. But he was absent. In the subsequent hearing also, he was absent and hence, the order challenged has been passed. 3. In the considered view of this Court, one more opportunity can be accorded to the petitioner to pay process fee and further proceed with the case. In such view of the matter, the order challenged before this Court is set aside. 4. In the result, this criminal revision is allowed directing the learned Judicial Magistrate No.1, Tirunelveli to restore the case on file. The petitioner shall pay process fee without fail and co-operate with the Court below for further proceeding. Sd/- Assistant Registrar (Crl.side) /True copy/ Sub Assistant Registrar(C.S) To: 1.The Judicial Magistrate No.1, Tirunelveli. 2.The Chief Judicial Magistrate, Tirunelveli. +1. CC to Mr.A.Thiruvadikumar, Advocate, SR.No. 32051 ssm Crl.Apl.(MD) No.174 of 2011 19.09.2011 TR :11.10.2011: 1p/4c https://hcservices.ecourts.gov.in/hcservices/