Madras High Court
G.Gangadharan vs P.S.Pushpalatha on 19 April, 2022
Crl.A.No.195 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2022
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.A.No.195 of 2022
G.Gangadharan ...Appellant
Vs.
P.S.Pushpalatha,
W/o.A.P.Shanmugam,
Proprietrix of APS Exports,
Door No.68/37,
Sengalpatty Veethi No.1,
Gugai, Salem – 636 006. ... Respondent
PRAYER: Criminal Appeal filed under Section 378 of Cr.P.C., to set
aside the order of dismissal dated 02.07.2019 passed in S.T.C.No.10 of
2019 on the file of the learned Judicial Magistrate, Land Grabbing,
Salem, by restoring S.T.C.No.10 of 2019 on the file of the learned
Judicial Magistrate Land Grabbing, Salem, for being tried along with
S.T.C.No.279 of 2018 on the file of the learned Judicial Magistrate, Land
Grabbing, Salem.
For Appellant : Mr.S.Natana Rajan
For Respondent : Mr.R.Muruga Bharathi
Page 1 of 6
https://www.mhc.tn.gov.in/judis
Crl.A.No.195 of 2022
JUDGMENT
The present Criminal Appeal has been filed praying to set
aside the order of acquittal dated 02.07.2019 passed in S.T.C.No.10 of
2019, on the file of the learned Judicial Magistrate No.6, Special Judicial
Magistrate (FAC), Special Court for Land Grabbing cases, Salem and to
restore the said case on file for elaborate trial.
2. The case of the prosecution is that the appellant in the year
2009 filed a private complaint as against the respondent before the
learned Judicial Magistrate No.III, Salem, alleging that the respondent
had committed the offence under Section 138 of Negotiable Instruments
Act. The said case came upto this Court and this Court by an order dated
27.03.2017, remanded back the matter to the trial Court for fresh
disposal. Thereafter, the said case has been transferred to the learned
Judicial Magistrate No.6, Special Judicial Magistrate (FAC), Special
Court for Land Grabbing Cases, Salem. The learned Special Judicial
Magistrate after taking cognizance, numbered the complaint as
S.T.C.No.10 of 2019.
https://www.mhc.tn.gov.in/judis
Crl.A.No.195 of 2022
3. Later for the reason that the appellant has not appeared, the
learned Judicial Magistrate No.6, Special Judicial Magistrate (FAC),
Special Court for Land Grabbing Cases, Salem, by invoking Section 256
of Cr.P.C., dismissed the said complaint as against which the appellant
preferred a revision before the District Court and later, the appellant is
before this Court with the present Criminal Appeal.
4. The learned counsel appearing for the appellant would
submit that though the learned Judicial Magistrate No.6, Salem, issued
notice through D.No.244/19, the same has not been received by the
appellant and therefore, he was unable to appear before the learned
Judicial Magistrate No.6, Salem and his absence is neither willful nor
wanton. Accordingly, he prays to allow this appeal and to set aside the
order dated 02.07.2019.
5. The learned counsel appearing for the respondent would
submit that the connected case has been pending before the same Court
viz., the Judicial Magistrate Court No.6, Special Court for Land
Grabbing Cases, Salem. In other wise, he did not raise any objection as
regards to the present Criminal Appeal.
https://www.mhc.tn.gov.in/judis
Crl.A.No.195 of 2022
6. The submissions made by the learned counsel appearing on
either side are considered.
7. In the impugned order, though it was stated that the notice
was sent to the appellant in D.No.244/19, in respect of the service, the
learned Judicial Magistrate No.6, Salem, did not say anything that, the
said notice has been received by the appellant. Therefore, in the absence
of any proof that the notice sent by the learned Judicial Magistrate No.6,
Salem, was received by the appellant, it cannot be concluded that only
after due notice, the case has been transferred from Judicial Magistrate
No.III, Salem to the learned Judicial Magistrate No.6, Special Court for
Land Grabbing Cases, Salem.
8. Therefore, the reason stated by the appellant for his absence
before the trial Court is bonafide one and accordingly, I am of the
considered opinion that the impugned order dated 02.07.2019 is liable to
be set aside.
https://www.mhc.tn.gov.in/judis
Crl.A.No.195 of 2022
9. Accordingly, the order dated 02.07.2019 passed by the
learned Judicial Magistrate No.6, Special Court for Land Grabbing cases,
Salem, in S.T.C.No.10 of 2019 is set aside and the trial Court is directed
to restore the case in S.T.C.No.10 of 2019 on file and to dispose the same
as early as possible, preferably within a period of six months from the
date of receipt of a copy of this Judgment.
10. With the above directions, this Criminal Appeal is allowed.
19.04.2022
Index : Yes/No
Internet : Yes/No
Speaking/Non speaking order
rts
To
The Judicial Magistrate No.6,
Special Judicial Magistrate (FAC),
Special Court for Land Grabbing cases,
Salem
https://www.mhc.tn.gov.in/judis
Crl.A.No.195 of 2022
R.PONGIAPPAN, J.
rts
Crl.A.No.195 of 2022
19.04.2022
https://www.mhc.tn.gov.in/judis
