Madras High Court

CRL RC/2145/2026 of A.Thameem Ansari Vs S.Mubarak Ali on 23 September 2026

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CRL.R.C.No.2145 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-09-2026

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN

CRL RC No. 2145 of 2026

CNR: {HCMA010966712026}

A.Thameem Ansari

..Petitioner(s)

Vs

S.Mubarak Ali

..Respondent(s)

Prayer: Revision filed under Sections 438 r/w 442 of the BNSS, to call for the records in order dated 12.05.2023 made in STC.No.29 of 2017 passed by the learned Judicial Magistrate Magistrate No.I, Tambaram and to set aside the same.

For Petitioner(s):

Mr.K.T.S.Sivakumar

For Respondent(s):

Mr.N.Ganeshmurthy

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ORDER

The revision challenges the dismissal of the petitioner's complaint filed under Section 138 of the Negotiable Instruments Act for his non- appearance.

2. The learned counsel for the petitioner would submit that the petitioner filed a complaint under Section 138 of the Negotiable Instruments Act; that the petitioner was bedridden; that he could not appear on the date of hearing; that his absence was neither wilful nor wanton and that unless he is allowed to establish his case on merits, he would be put to irrepairable loss.

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CRL.R.C.No.2145 of 2026

3. Heard the learned counsel for the respondent.

4. The case has been pending since 2017 and since the petitioner has not taken any steps, the learned Magistrate dismissed the complaint, which cannot be faulted. However, considering the submission of the petitioner, this Court is of the view that it is desirable that one more opportunity is afforded to the petitioner to conduct his case on merits.

5. Therefore, this Court is inclined to set aside the order impugned and direct the learned Magistrate to decide the complaint on merits. The petitioner shall appear on the next date of hearing before the learned Magistrate, failing which, the learned Magistrate may pass orders in accordance with law.

6. The Criminal Revision Case stands allowed accordingly. 23-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No (drm)

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CRL.R.C.No.2145 of 2026

To:

1. The Judicial Magistrate – I, Tambaram.

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CRL.R.C.No.2145 of 2026

SUNDER MOHAN, J. (drm) CRL.R.C.No.2145 of 2026 23-09-2026

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