1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 28.09.2011 Coram: The Honourable Mr. Justice S.PALANIVELU Crl.R.C.(MD).No.783 of 2011 Murugan .. Petitioner/Complainant vs. Francis Michael .. Respondent/Accused Criminal Revision Petition filed under Section 397 r/w. 401 of Criminal Procedure Code to call for the records of the learned Judicial Magistrate, Tenkasi in C.C.No.492 of 2009 and set aside the order dated 18.11.2010 passed by the learned Judicial Magistrate, Tenkasi in C.C.No.492 of 2009 and restore the complaint on its file. For Petitioner : M/s.S.R.A.Ramachandhran O R D E R This Criminal Revision is preferred to call for the records relating to the order dated 18.11.2010 in C.C.No.492 of 2009, passed by the learned Judicial Magistrate, Tenkasi and set aside the same and restore the complaint on its file. 2. The petitioner is the complainant in C.C.No.492 of 2009, on the file of the Judicial Magistrate, Tenkasi. The trial was over and the accused was questioned under Section 313 (1)(a) of Cr.P.C. and the case was posted for further proceedings on 13.10.2010 since the accused was absent on that date, the Court issued Non Bailable Warrant against him and directed the complainant to pay process fee and posted the case on 11.11.2010. On the said date of hearing, the complainant was not present before the Court and there was no representation on his behalf. Hence, the Court below dismissed the complaint observing that the complainant has not paid process fee for execution of NBW. 3. The learned counsel appearing for the petitioner would submit that the petitioner sustained injuries in a road accident and hence, he could not contact his Advocate and give proper instruction to him and so there was no representation on his behalf. 4. In the considered view of this Court, one more opportunity may be afforded to the petitioner to proceed further https://hcservices.ecourts.gov.in/hcservices/ 2 with the case since the trial is over and the case is ready for arguments. In this stage, it may not be desirable to dismiss the complaint. Hence, the complaint has to be directed to be restored. In the result, the Criminal Revision is allowed directing the Court below to restore the complaint to file and to afford one more opportunity to the complainant to pay process fee. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To The Judicial Magistrate, Tenkasi srm rl/2c – 28.10.2011 Crl.RC.(MD).No.783 of 2011 28.09.2011 https://hcservices.ecourts.gov.in/hcservices/