Ravichandran vs Nagendrakumar
2022 Latest Caselaw 7354 Mad

                                                              1

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED: 07.04.2022

                                                          CORAM:

                           THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

                                                 Crl.A.(MD).No.271 of 2022

                     Ravichandran                                       ...Appellant/Complainant

                                                                  Vs.



                     Nagendrakumar                                      ...Respondent/Accused


                     PRAYER: Criminal Appeal filed under Section 378 of Criminal
                     Procedure Code, to call for the records relating to the judgment, dated
                     28.04.2017 made in the learned Judicial Magistrate, Pudukkottai in
                     S.T.C.No.1464 of 2013, dated 28.04.2017 and set aside the same as
                     illegal and allow the above appeal.


                                        For Appellant     : Mr.A.Banumathy


                                                        JUDGMENT

This Criminal Appeal has been filed as against the Judgment dated

28.04.2017 in S.T.C.No.1464 of 2013 before the Judicial Magistrate,

https://www.mhc.tn.gov.in/judis

Pudukkottai, thereby dismissing the complaint lodged by the appellant

for the offences punishable under Section 138 of Negotiable Instruments

Act.

2. The case of the appellant is that the appellant is the

complainant, who lodged complaint as against the respondent alleging

that the respondent borrowed a sum of Rs.3,00,000/- on 04.10.2013 as a

loan in order to repay the same. The respondents issued cheque and the

same was presented for collection. However, it was returned for the

reason that "insufficient funds". After issuing statutory notice to the

respondents, lodged complaint and the same has been taken cognizance

in S.T.C.No.1464 of 2013 on the file of the the Judicial Magistrate,

Pudukkottai. However, the appellant was absent for one hearing and it

was dismissed for default on 28.04.2017. Thereafter, the appellant filed

an appeal before the District Court and again he was directed to appeal

before this Court.

3. Considering the above, the appellant may be given one more

chance to put forward his complaint before the trial Court. In view of the

https://www.mhc.tn.gov.in/judis

above, the order passed in the learned Judicial Magistrate, Pudukkottai in

S.T.C.No.1464 of 2013, dated 28.04.2017 is set aside. Accordingly, this

Criminal Appeal is allowed, on condition that the appellant shall pay a

sum of Rs.5,000/- cost to the respondent on or before 19.04.2022, failing

which the order has been cancelled without any further reference to this

Court. The trial Court is directed to restore the complaint and issue notice

to the appellant and the respondent and complete the trial Court within a

period of six (6) months thereafter.

5. Accordingly, this Criminal Appeal is allowed.

07.04.2022

Internet:Yes Index:Yes/No btr/aav

Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

https://www.mhc.tn.gov.in/judis

To

1.The Judicial Magistrate, Pudukkottai.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

G.K.ILANTHIRAIYAN,J.

btr/aav

https://www.mhc.tn.gov.in/judis

Crl.A.(MD).No.271 of 2022

07.04.2022

https://www.mhc.tn.gov.in/judis