Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (9) TMI 1402

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t proper manner. Further, the respondent/de-facto complainant has not filed any petition for interim compensation. Hence, it is necessary to interfere into the findings of the trial court. The impugned docket order, dated 15.04.2021 passed by the Judicial Magistrate Fast Track Court, Pattukkottai, is set aside - this Criminal Revision is allowed. - Crl.RC(MD)No. 440 of 2021 and Crl.MP(MD)No. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... erim compensation of Rs.5,00,000/- to the respondent/complainant. Challenging the same order, the petitioner is before this court. 3. Heard the learned counsel appearing on either side and perused the materials available on record. 4. The learned counsel appearing for the petitioner/accused argued that in the complaint, the complainant did not make any prayer seeking an order directing .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... nts Act is justified, which are as follows:- (i) The Accused person would have absconded for a long time and thereby would have protracted the proceedings, or (ii) The Accused person would have intentionally evaded service for a long time and only after repeated attempts, appear before the Court, or (iii) The enforceable debt or liability in a case is borne out of overwhelmi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... urt passed the interim order suo motu. The reasons stated by the trial court is not proper and it used the Discretionary Power without proper manner. Further, the respondent/de-facto complainant has not filed any petition for interim compensation. Hence, it is necessary to interfere into the findings of the trial court. 6. In the result, this Criminal Revision is allowed. The impugned docket .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates