Crl.R.C.No.414 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.03.2025 CORAM THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.R.C.No.414 of 2025 M/s.Nissan Renault Financial Services India Private Ltd., Having Registered Office At ASV Ramana Towers, 5th Floor, No.52, Venkatanarayana Road, T.Nagar, Chennai-600 017, Represented By Its Authorised Representative, Mr.Tushar Goswami ... Petitioner Vs. M/s.Ritu Automobiles Private Limited, Rep By Its Director, Manoj Jiwatram Lalwani, No.1, Mainas Tower, Powal Chowk, Near Lions Club (SDO Office), Ulhasnagar, Maharashtra 421003. And Also At M/s.Ritu Automobiles Private Limited, Rep By Its Director, Manoj Jiwatram Lalwani, Vibgyore, Ground Floor, Near Hiranandani Estate, Ghodbunder Road, Patlipada, Thane(w)-400607. ... Respondent https://www.mhc.tn.gov.in/judis Crl.R.C.No.414 of 2025 PRAYER: Criminal Revision Petition filed under Section 397 read with 401 of Cr.P.C., to set aside the judgment dated 06.02.2025 made in C.C.No.3778 of 2021 on the file of the Learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai. For Petitioner : Mr.Prashanth Nadaraj.B O R D E R This Criminal Revision Petition has been filed to set aside the order dated 06.02.2025 passed in C.C. No.3778 of 2021 on the file of the Learned Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai. 2. Heard the learned counsel appearing for the petitioner and perused the materials available on record. 3. The petitioner/complainant has filed a complaint under Section 200 Cr.P.C., for the offence under Section 138 of the Negotiable https://www.mhc.tn.gov.in/judis Crl.R.C.No.414 of 2025 Instruments Act against the respondent/ accused in the year 2021. Though sufficient opportunity was given to the petitioner herein/complainant, the petitioner/complainant is not interested in prosecuting the case. Hence, the learned Magistrate dismissed the petitioner's complaint for non-prosecution, vide impugned order dated 06.02.2025. 4. On a perusal of the records, it is seen that the petitioner/complainant has not made payment for process, till the date of impugned order. The petitioner/complainant has filed a complaint against the respondent/accused and did not take any steps to complete the process for more than three years, which shows that the complainant is not interested in prosecuting the complaint. Only in order to threaten the respondent/accused, the petitioner has filed the complaint. However, the petitioner will not lose his right of claiming the amount. Hence, the petitioner is at liberty to work out his remedy before the Civil Court, provided if the limitation permits. Page 3 of 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.414 of 2025 5. With the abovesaid direction, this Criminal Revision Petition is dismissed. 12.03.2025 mfa Index:Yes/No Speaking Order: Yes/No Neutral Citation: Yes/No To 1. The Metropolitan Magistrate, Fast Track Court-V, Saidapet, Chennai. Page 4 of 5 https://www.mhc.tn.gov.in/judis Crl.R.C.No.414 of 2025 P.VELMURUGAN, J. mfa Crl.R.C.No.414 of 2025 12.03.2025 https://www.mhc.tn.gov.in/judis